Common use of Hazardous Waste Clause in Contracts

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any known release or known threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout The term “Hazardous Materials”, as used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority (hereinafter collectively referred relating to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect pollution or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (A) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the release ordinary course of Tenant’s business activities (the “Permitted Activities”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (B) the Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (C) no portion of the Premises will be used as such term is hereinafter defineda landfill or a dump; (D) from or at the premises which could form the basis Tenant will not install any underground tanks of any claimtype; (E) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, demand or with the passage of time may constitute a public or private nuisance; (F) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials described above, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord’s representative shall have the right but not the obligation to enter the Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined that said Permitted Materials are being improperly stored, used, or disposed of, Tenant shall immediately take such corrective action as requested by any partyLandlord. Should Tenant fail to take such corrective action within 24 hours, Landlord shall have the right, from time right to time, at Tenant's expense, to conduct an environmental audit or perform such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable work and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to promptly reimburse Landlord for the costs of any and all actions taken by costs associated with said work. If at any time during or after the term of the Lease Term, the Premises are found to be so contaminated or subject to said conditions, Tenant shall diligently institute proper and thorough cleanup procedures at Tenant’s sole cost, and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any managing agents and leasing agents of the Premises, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from or as are necessary, appropriate a result of the use of the Premises by Tenant. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or desirable to cure such breach. for purposes expiring of this ArticleLease. During the Lease Term, Tenant shall promptly provide Landlord with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders and decrees, claims, complaints, investigations, judgments, letters, notice of environmental liens, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws environmental protection agency of the State of New York where the property is located or other federal, state or local agency or authority, or any other Legal Requirements entity or individual, concerning (i) any Hazardous Substance and the materials described in clauses Premises; (aii) through the imposition of any lien on the Premises; or (ciii) being collectively referred to as "Hazardous Materials". The provisions any alleged violation of subparagraph (j) of Article 6 of this Lease shall be applicable to or responsibility under any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this LeaseEnvironmental Law.

Hazardous Waste. Throughout Trustor shall keep and maintain the term of this LeaseProperty (including, Tenant shall but not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (ilimited to, soil and ground water conditions) in compliance with all applicable laws Hazardous Materials Laws and ordinances shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all rulesenforcement, orders and regulationscleanup, present removal or futureother governmental or regulatory actions instituted, ordinary completed or extraordinary, foreseen threatened against Trustor or unforeseen) of the Property pursuant to any applicable federal, state or local governmental authority laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter collectively referred to as "Legal RequirementsHazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law including but not limited to the provisions of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (iior counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in such a manner as connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall keep the premisesindemnify and hold harmless Beneficiary and its boardmembers, the Building directors, officers, employees, agents, successors and the Land free assigns from and against any lien imposed pursuant to loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken actual or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health alleged past or the environment. Tenant shall notify Landlord within 24 hours of the release present violation of any Hazardous Materials Law; (as such term is hereinafter definedii) from any Hazardous Materials Claim; (iii) any actual or at the premises which could form the basis of any claim, demand alleged past or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any present use, generation, manufacture, storage, installation, existence, release, threatened release, discharge, generationdisposal, abatementtransportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, disposalor restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, handling and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or transportation fromnecessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, into or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the leased premises of Property and (2) exercise (a) any "hazardous substance" as defined in any federal statutethe rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) petroleumany other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), crude oil the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any fraction thereoflessee, natural gas occupant, or synthetic gas used for fuel, and (c) user of any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws portion of the State Property and the Trustor knew or should have known of New York the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant action commenced under this Article shall survive paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the expiration or sooner termination degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the term Beneficiary upon its demand made at any time following the conclusion of this Leasesuch action.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout The term "Hazardous Substances," as used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law," which term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of mean any federal, state or local governmental authority (hereinafter collectively referred law or ordinance relating to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect pollution or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the release ordinary course of Tenant's business activities that are part of the ordinary course of Tenant's business (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (ii) the premises will not be used in any manner for the storage of any Hazardous Materials (as Substances except for the temporary storage of such term is hereinafter defined) from or at materials that are used in the premises which could form the basis ordinary course of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or business (the "Permitted Materials") provided such other examinations, tests, inspections Permitted Materials are properly stored in a manner and reviews location meeting all Environmental Laws and approved in advance in writing by Landlord; (iii) no portion of the premises will be used as Landlord, in its sole discretion, shall deem necessary, appropriate a landfill or desirable and a dump; (iv) Tenant shall cooperate in the conduct will not install any underground tanks of any such environmental audittype; (v) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, examinationor with the passage of time may constitute, testa public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought onto the premises, inspection except for the Permitted Materials described below, and if so brought or review. If Tenant found located thereon, the same shall breach the covenants provided in this Articlebe immediately removed, thenwith proper disposal, in addition to any other rights and remedies which may all required cleanup procedures shall be available to landlord diligently undertaken pursuant to this Lease all Environmental Laws. If, at any time during or otherwise at lawafter the term of the lease, the premises is found to be so contaminated or subject to said conditions, Tenant agrees to indemnify and hold Landlord may require Tenant to take harmless from all claims, demands, actions, or to reimburse Landlord for the costs liabilities, costs, expenses, damages and obligations of any and all actions taken by Landlord, nature arising from or as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws a result of the State use of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"premises by Tenant. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term of this Leaselease.

Hazardous Waste. Throughout Trustor shall keep and maintain the term of this LeaseProperty (including, Tenant shall but not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (ilimited to, soil and ground water conditions) in compliance with all applicable laws Hazardous Materials Laws and ordinances shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all rulesenforcement, orders and regulationscleanup, present removal or futureother governmental or regulatory actions instituted, ordinary completed or extraordinary, foreseen threatened against Trustor or unforeseen) of the Property pursuant to any applicable federal, state or local governmental authority laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter collectively referred to as "Legal RequirementsHazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" (as defined in California Health and Safety Code Section 25117.4) under the provision of California Health and Safety Code Section 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (iior counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in such a manner as connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall keep the premisesindemnify and hold harmless Beneficiary and its boardmembers, the Building directors, officers, employees, agents, successors and the Land free assigns from and against any lien imposed pursuant to loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken actual or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health alleged past or the environment. Tenant shall notify Landlord within 24 hours of the release present violation of any Hazardous Materials Law; (as such term is hereinafter definedii) from any Hazardous Materials Claim; (iii) any actual or at the premises which could form the basis of any claim, demand alleged past or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any present use, generation, manufacture, storage, installation, existence, release, threatened release, discharge, generationdisposal, abatementtransportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, disposalor restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, handling and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or transportation fromnecessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, into or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the leased premises of Property and (2) exercise (a) any "hazardous substance" as defined in any federal statutethe rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) petroleumany other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), crude oil the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any fraction thereoflessee, natural gas occupant, or synthetic gas used for fuel, and (c) user of any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws portion of the State Property and the Trustor knew or should have known of New York the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant action commenced under this Article shall survive paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the expiration or sooner termination degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the term Beneficiary upon its demand made at any time following the conclusion of this Leasesuch action.

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by LandlordXxxxxxxx, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.through

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.through

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.of

Hazardous Waste. Throughout Except as provided below, the term Borrower will not --------------- dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any known release or known threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout the term of this LeaseBorrower shall, Tenant and shall cause each Subsidiary to, comply in all material respects with all Environmental Laws. Borrower will not, and will not undertake permit any Subsidiary, to store or permit any Environmental Activity to be stored (except as a necessary incident to the ordinary course of business of Borrower or such term is hereinafter defined) other than (i) Subsidiary and then only in compliance with all applicable laws Environmental Laws), or release or discharge upon, any premises owned or leased by Borrower or any Subsidiary or any Affiliate of either, any Hazardous Substance. Borrower hereby indemnifies Lender and ordinances holds Lender harmless from and against any and all ruleslosses, orders costs, expenses (including but not limited to reasonable attorneys’ fees), injuries, damages, liabilities and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) claims of any federalkind whatsoever paid, state incurred or local governmental authority (hereinafter collectively referred to as "Legal Requirements")suffered by or asserted against Lender by any Person, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant including but not limited to any Legal Requirement in governmental entity, whatsoever with respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in as a manner as to provide prudent safeguards against potential risks to human health direct or the environment. Tenant shall notify Landlord within 24 hours indirect result of the release presence of any Hazardous Materials (as such term is hereinafter defined) from Substance on or under any real property now and at any time hereafter owned, leased, operated or controlled by Borrower or any Subsidiary or any Affiliate of either, or the premises which could form the basis violation or alleged violation by Borrower or any Subsidiary or any Affiliate of either, of any claimEnvironmental Law or, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews without limitation of the premises as Landlordforegoing, any inaccuracy of any representation or warranty by Borrower contained in its sole discretion, shall deem necessary, appropriate this Agreement concerning Environmental Laws or desirable and Tenant shall cooperate Hazardous Substances or any breach by Borrower or other default in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided contained in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breachSection. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic The indemnification established under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article preceding sentence shall survive the expiration maturity as well as the repayment or sooner other discharge of the Obligations and any termination of this Agreement whether pursuant to repayment of the term Obligations, repossession and/or sale of this Leasethe Collateral or otherwise, to the maximum extent permitted by law.

Hazardous Waste. Throughout Tenants shall not cause or introduce to the term property or allowed to be introduced to the property after the effective date of this lease, as a result of any intentional or unintentional act of omission on its part, a releasing, spilling, leaking, pumping, emitting, pouring, seeping, leaching, emptying or dumping of "Toxic Materials." "Hazardous Substance" or "Hazardous Waste" in, on or about the Premises or the Land (the above terms shall have the meaning subscribed to such terms and state or federal statutes and/or regulations promulgated in relation thereto and shall include petroleum, asbestos and agricultural chemicals and pesticides.) Tenant, and Tenant's respective successors and assigns, agree to defend, indemnify and hold harmless Owner, its successors and assigns; and in turn the Owner and its successors agree to defend, indemnify and hold harmless the Tenant and the Tenant's respective successors and assigns, from and against any and all claims, demands, judgments, damages, actions, causes of action, injuries, administrative orders, consent agreements and orders, liabilities, penalties, cost and expenses of any kind whatsoever, including claims arising out of loss of life, injury to persons, property or business or damage to natural resources arising out of the use or discharge of Toxic Material, Hazardous Substance or Hazardous Waste by Tenant or parties in contractual relationship with Tenant. Tenant acknowledges that its indemnification of Owner and obligations hereunder shall not terminate upon the termination of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at and Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections respective successors and reviews of the premises as Landlord, in its sole discretionassigns, shall deem necessarybear, appropriate or desirable pay and Tenant shall cooperate in discharge when and as the conduct of any such environmental auditsame become due and payable, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlordsuch judgments or claims for damages, as are necessarypenalties or otherwise against Owner described above, appropriate shall hold Owner harmless for those judgments or desirable to cure such breach. for purposes claims, and proceedings and negotiation of this Articleany description with any and all person, political subdivisions or government agencies arising out of any of the occurrences set fourth above, and in turn, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on Owner shall do the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasesame.

Hazardous Waste. Throughout As used in this Lease, the term “Hazardous Material” shall mean any hazardous or toxic substance, material, or waste that is or becomes regulated by the United States, the State of California or any governmental authority having jurisdiction over the Project. Landlord represents that, as of the date of this LeaseLease and to the best of its knowledge, there are no Hazardous Materials in violation of applicable laws, or otherwise requiring removal or encapsulation or remediation in any of the Premises, Building or Real Property. If Landlord receives a written citation or written notification from a governmental authority with jurisdiction over the Project that Hazardous Materials exist in or on the Building or elsewhere in the Project (any such notice being referred to herein as a “Hazardous Materials Notice”), and such Hazardous Materials were neither created or brought in by Xxxxxx, and Xxxxxxxx does not choose to dispute such citation or notification, or is unsuccessful in the prosecution of such dispute, then Xxxxxxxx agrees that it will hire a contractor certified to handle hazardous wastes and toxic materials, and will comply with the reasonable recommendation(s) of said contractor, whether for removal or encapsulation of the Hazardous Materials, or to leave said Hazardous Materials undisturbed. Tenant specifically agrees that, except for such limited quantities of office materials and supplies as are customarily used in Tenant’s normal business operations, Tenant shall not undertake engage or permit at any Environmental Activity time, any operations or activities upon, or any use or occupancy of the Premises, or any portion thereof, for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (as such term is hereinafter definedwhether legal or illegal, accidental or intentional) other than (i) of any Hazardous Materials. Tenant [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. shall, during the Term, remain in full compliance with all applicable laws governing its use and ordinances and all rulesoccupancy of the Premises, orders and regulationsincluding, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premiseswithout limitation, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claimhandling, demand or action by any party. Landlord shall have the rightmanufacturing, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any usetreatment, storage, installation, existence, release, threatened releasedisposal, discharge, generationuse, abatement, removal, disposal, handling and transportation of Hazardous Materials. Tenant will remain in full compliance with the terms and conditions of all permits and licenses issued to it by any governmental authority on account of any or transportation from, under, into or all of its activities on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this LeasePremises.

Hazardous Waste. Throughout The term "Hazardous Substances", as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law", which term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of mean any federal, state or local governmental authority law or ordinance relating to pollution or protection of the environment. Lessee hereby agrees that (hereinafter collectively referred to as i) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Lessees business activities (the "Legal RequirementsPermitted Activities"), ) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; (ii) the Premises will not be used in such a any manner as shall keep for the premises, the Building and the Land free from storage of any lien imposed pursuant to Hazardous Substances except for any Legal Requirement in respect temporary storage of such Environmental Activity. Tenant shall take all necessary steps to ensure materials that any Environmental Activity undertaken or permitted at are used in the premises is undertaken ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours and location meeting all Environmental Laws and approved in advance in writing by Lessor; (iii) no portion of the release Premises will he used as a landfill or a dump; (iv) Lessee will not install any underground tanks of any type; (v) Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Materials (as such Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the term of the Lease, the Premises is hereinafter defined) found to be so contaminated or subject to said conditions, Lessee agrees to indemnify and hold Lessor harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews as a result of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws use of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"Premises by Lessee. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term of this Lease. Unless expressly identified on an addendum to this Lease, as of the date hereof there are no "Permitted Activities" and/or "Permitted Materials" for purposed of the foregoing provision and none shall exist unless and until approved in writing by Lessor.

Hazardous Waste. Throughout Sublessee (hereafter the term indemnifying party), its successors and assigns, shall indemnify, defend and hold harmless Sublessor (with counsel reasonably acceptable to Sublessor) from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs including, without limitation, reasonable attorney’s fees, of this Leaseany settlement or judgment and claims of any and every kind whatsoever paid, Tenant shall not undertake incurred or permit suffered by, or asserted against, Sublessor, its successors and assigns by any Environmental Activity person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or release of any Hazardous Substance (as such term is hereinafter defineddefined herein below) other than resulting from the operations of the Sublessee upon or under Sublessor’s land including without limitation, any losses, liabilities (i) in compliance with all applicable laws including strict liability), damage, injuries, expenses, and ordinances and all rulescosts, orders and regulationsincluding, present or futurewithout limitation, ordinary or extraordinaryreasonable attorney’s fees’, foreseen or unforeseen) of any settlement or judgement or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so called federal, state or local governmental authority “Superfund” or “Superlien” statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (hereinafter collectively referred to as "Legal Requirements"including strict liability), and (ii) or standards of conduct concerning any hazardous Substance. If the attorney hired to indemnify Sublessor is not satisfactory in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its Sublessor’s sole discretion, shall deem necessary, appropriate or desirable Sublessor reserves the right to retain counsel to insure Sublessor’s interests are protected and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies present claims which may exist as against Sublessee or the employees or agents or invites of Sublessee. Sublessee shall be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord responsible for the reasonable costs and fees associated with such defense of any and all actions taken by Landlord, as are necessary, appropriate Sublessor or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.Sublessor’s interests,

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Leaseor suffer or permit to exist any Hazardous Substance on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any Hazardous Substances, except in compliance will all applicable Environmental Activity (as such term is hereinafter defined) other than Laws. The Borrower shall provide the Lender with written notice of (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present the intended storage or future, ordinary or extraordinary, foreseen or unforeseen) transport of any federalhazardous material or oil by the Borrower or any Subsidiary of the Borrower, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect potential or known release or threat of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) Substance at or from any site or at vessel owned, occupied or operated by the premises which could form the basis of Borrower or any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews Subsidiary of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuelBorrower, and (ciii) any additional substances incurrence of any expense or materials loss by any Governmental Authority in connection with the assessment, containment or removal of any Hazardous Substance for which at such time are classified expense or considered to be hazardous loss the Borrower or toxic under the laws any Subsidiary of the State of New York or any other Legal Requirements Borrower may be liable. Notwithstanding the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform foregoing, the provisions of this Article. The obligations of Tenant under this Article shall survive Borrower and its Subsidiaries may use, store and transport, and need not notify the expiration or sooner termination Lender of the term use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of this Leasetheir respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) Hazardous Substances that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable federal, state and local law relating to such use, storage or transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (as the case may be) would follow, and disposes of such materials (not consumed in the ordinary course) only through licensed providers of hazardous waste removal services.

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental government authority (hereinafter collectively referred to as "“Legal Requirements"”), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials Material (as such term is hereinafter defined) from or at the premises premises, which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's ’s expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. , for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.term

Hazardous Waste. Throughout the term of this LeaseLESSEE and those for whom LESSEE is legally responsible, Tenant shall not undertake use, maintain, generate or permit bring into the Premises or the Building or transport or dispose of on or from the Premises, whether through the sewer, septic system, or into the ground or by removal of site or otherwise, any Environmental Activity hazardous or toxic materials (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any defined by federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"and municipal law and regulations). LESSEE shall prevent its agents, servants, employees, contractors, suppliers, licensees, and (ii) in invitees from doing or accomplishing any such a manner as act. LESSEE shall keep bear the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of responsibility for being informed or those substances which constitute such Environmental Activityhazardous or toxic materials. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours Any breach of the release provisions hereof shall be a breach and default of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claima material obligation hereunder, demand or action by any party. Landlord and LESSOR shall have all rights and remedies provided herein for LESSEE's defaults. Notwithstanding anything else contained herein to the rightcompany, LESSOR hereby reserves the right from time to timetime (after reasonable prior written notice, at Tenant's expensewhich need not be in writing and need not be given in the event of an emergency), to conduct an environmental audit enter the Premises and (at any time and without such notice), to cause LESSOR's agents, servants, employees, outside consultants and engineers to inspect in order to determine the presence or such other examinations, tests, inspections and reviews existence of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate hazardous or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection toxic materials therein or reviewthereon. If Tenant shall breach the covenants provided As used in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Articlesubsection, the term "Environmental Activityinspect" means any useshall mean, storagewithout limitation, installationsuch physical inspections and other tests or examinations as LESSOR or its agents, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling consultants and engineers may deem necessary in their sole discretion. In the event such inspection reveals the presence or transportation from, under, into or on the leased premises existence of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic materials therein or thereon and such presence or existence is attributable to the acts or omissions of LESSEE or those for whom LESSEE is legally responsible or is a breach of LESSEE's obligations hereunder, then without limiting any other right or remedy available to LESSOR under this lease at law or in equity, LESSEE shall immediately pay to LESSOR, as additional rent hereunder, LESSOR's costs and expenses incurred with respect to said inspection. Any such inspection shall be done so as to minimize interference with the laws LESSEE's operations. Notwithstanding anything else contained herein, in the event of a breach of the State foregoing LESSEE obligations, LESSEE shall Indemnify and hold harmless LESSOR and the LESSOR's employees, agents, officers, and directors from and against any and all costs, claims, losses, liabilities, settlements, damages and expenses (including, without limitation, costs of New York environmental clean-up, attorney's fees and costs of litigation) of whatever kind, nature and/or description, known or unknown, contingent or otherwise arising out of or in any other Legal Requirements way relating to any past, present or future violation of any environmental law applicable at any time to, or arising out of or in any way relating to the materials described in clauses (a) through (c) being collectively referred enforcement of any environmental law with respect to as "Hazardous Materials"the leased property. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The LESSEE's representations, warranties, obligations of Tenant and liabilities under this Article Section shall survive the expiration or sooner termination of the term of this Leaselease.

Hazardous Waste. Throughout The term "Hazardous Substances", as used in this Lease shall mean pollutants, contaminants, toxic or hazardous materials or wastes, petroleum products or any other substances, the term removal of this Leasewhich is required or the use of which is restricted prohibited or penalized by any "Environmental Law", Tenant which terms shall not undertake or permit mean any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local laws including statutes, regulations, ordinances, codes, rules and other governmental authority restrictions and requirements relating to the environment, hazardous substances, or petroleum products including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Responsibility, Cleanup and Liability Act of 1980, regulations of the Environmental Protection Agency, regulations of the nuclear Regulatory Agency, regulations or laws administered by OSHA and regulations of any state department of natural resources or state environmental protection agency now or at any time hereinafter in effect. Tenant hereby agrees that (hereinafter collectively referred i) no activity will be conducted on the Premises that shall produce any Hazardous Substance, except for such activities that are part of the ordinary course of Tenant's business (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws, are fully and completely disclosed to as "Legal Requirements")Landlord, and are expressly approved in advance in writing by Landlord; (ii) the Premises shall not be used in any manner for the storage of those Hazardous Substances, except for such storage that is in the ordinary course of Tenant's business in amounts appropriate for such use (the "Permitted Material") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws, are fully and completely disclosed to Landlord, and are expressly approved in advance in writing by Landlord; (iii) no portion of the Premises shall be used as a landfill or a dump; (iv) Tenant shall keep not install any underground tanks of any type; (v) Tenant shall not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the premisespassage of time may constitute, a public or private nuisance; (vi) Tenant shall not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the Building same shall be immediately removed, with proper disposal, and the Land free from any lien imposed all required removal and cleanup procedures shall be diligently undertaken pursuant to any Legal Requirement in respect of such all Environmental ActivityLaws. Tenant shall take all necessary steps to ensure that immediately give Landlord written notice as soon as Tenant becomes aware of any Environmental Activity undertaken suspected breach of this Paragraph, or permitted at any condition or circumstance which makes the premises is undertaken environmental warranties contained in a manner as to provide prudent safeguards against potential risks to human health this Lease incomplete, inaccurate or the environment. Tenant shall notify Landlord within 24 hours misleading, upon learning of the presence or any release of any Hazardous Materials (as Substances, or upon receiving any correspondence, notice, pleading, citation, indictment, complaint, order, decree, or other document from any source asserting or alleging a circumstance or condition which requires or may require a cleanup, removal, remedial action, or other response by, or on the part of the Tenant under Environmental Laws, or which seeks criminal or punitive penalties from Tenant for an alleged violation of Environmental Laws, or otherwise pertaining to Hazardous Substances which may affect the Premises, together with a copy thereof. In the event of any such term is hereinafter defined) from or circumstance, Tenant agrees, at its expense and at the premises request of Landlord, to permit an environmental audit solely for the benefit of the Landlord, to be conducted by the Landlord or an independent agent selected by the Landlord and which could form may not be relied upon by the basis of Tenant for any claimpurpose. This provision shall not relieve the Tenant from conducting its own environmental Landlord audits or taking any other steps necessary to comply with Environmental Laws. Landlord, demand or action by any in the event it is named as a party. Landlord , shall have the right, from time but not the obligation, to timejoin and participate in any legal proceedings or actions initiated in connection with any matters related to Environmental Laws and to have its attorneys' fees in connection therewith paid by Tenant. Tenant shall, at TenantLandlord's expenserequest, to conduct an environmental audit defend all suits, actions or such other examinations, tests, inspections and reviews of the premises as proceedings commenced against Landlord with counsel approved by Landlord, in its Landlord's sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in pay all costs and judgments associated therewith. Tenant shall be solely responsible and shall indemnify, defend and hold Landlord, and any property manager of the conduct Premises, their directors, officers, employees, agents, successors and assigns, harmless from and against all claims, demands, actions, losses, liabilities, costs, expenses, damages and obligations of any such environmental auditnature (including, examinationwithout limitation, testdiminution in value of the Premises; all consequential damages; the cost of any required or necessary repair, inspection cleanup or review. If Tenant shall breach detoxification of the covenants provided Premises; the preparation and implementation of any closure, remedial or other required plans; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises; damages arising from any adverse impact on marketing of space; damages to adjacent property; costs of restoring the Premises, and sums paid in this Articlesettlement of claims, thenattorneys' fees, in addition to any other rights court costs, consultant fees, and remedies which may be available to landlord pursuant to this Lease expert fees) incurred by or otherwise at lawasserted against Landlord and directly or indirectly as a result of, Landlord may require Tenant to take all actionsarising from, connected with, or attributable to reimburse Landlord for Tenant's use of the costs of any and all actions taken by LandlordPremises, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any usegeneration, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling removal or transportation frompresence of any Hazardous Substances, underor relating to any activity, into act or on the leased premises of (a) omission involving Hazardous Substances or noncompliance with any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"Environmental Law by Tenant. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term Lease. Notwithstanding anything to the contrary contained in this Lease, any default under the terms of this Paragraph shall be a material default under this Lease enabling Landlord, at Landlord's option, to immediately exercise any of the remedies set forth in this Lease, in addition to any other remedies available to Landlord, without notice to Tenant and without obligation to provide any grace or cure period to Tenant. Notwithstanding anything to the contrary contained herein, Landlord's approval of any activity or storage relating to any Hazardous Substance is not intended to, and shall not, be deemed an undertaking by Landlord to determine whether or not such activity or storage is in compliance with Environmental Laws and Landlord assumes no responsibility with respect thereto.

Hazardous Waste. Throughout Trustor shall keep and maintain the term of this LeaseProperty (including, Tenant shall but not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (ilimited to, soil and ground water conditions) in compliance with all applicable laws Hazardous Materials Laws and ordinances shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all rulesenforcement, orders and regulationscleanup, present removal or futureother governmental or regulatory actions instituted, ordinary completed or extraordinary, foreseen threatened against Trustor or unforeseen) of the Property pursuant to any applicable federal, state or local governmental authority laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter collectively referred to as "Legal RequirementsHazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law, including without limitation under the provisions of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (iior counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in such a manner as connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall keep the premisesindemnify and hold harmless Beneficiary and its boardmembers, the Building directors, officers, employees, agents, successors and the Land free assigns from and against any lien imposed pursuant to loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken actual or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health alleged past or the environment. Tenant shall notify Landlord within 24 hours of the release present violation of any Hazardous Materials Law; (as such term is hereinafter definedii) from any Hazardous Materials Claim; (iii) any actual or at the premises which could form the basis of any claim, demand alleged past or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any present use, generation, manufacture, storage, installation, existence, release, threatened release, discharge, generationdisposal, abatementtransportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, disposalor restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, handling and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or transportation fromnecessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, into or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the leased premises of Property and (2) exercise (a) any "hazardous substance" as defined in any federal statutethe rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) petroleumany other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), crude oil the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any fraction thereoflessee, natural gas occupant, or synthetic gas used for fuel, and (c) user of any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws portion of the State Property and the Trustor knew or should have known of New York the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant action commenced under this Article shall survive paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the expiration or sooner termination degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the term Beneficiary upon its demand made at any time following the conclusion of this Leasesuch action.

Hazardous Waste. Throughout the term of this Lease, Tenant Sublessee shall not undertake store, use or permit dispose of any Environmental Activity (as such term is hereinafter defined) --------------- hazardous materials in, on or about the Premises or the Building, other than (i) in compliance with all applicable laws incidental storage and ordinances use of customary office products and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate cleaning solutions used in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach Sublessee's business in the covenants provided in this Article, thenPremises, in addition to any other rights which case all such substances shall be stored, used and remedies which may disposed of strictly in accordance with all applicable laws. Sublessee shall be available to landlord pursuant to this Lease solely responsible for and shall defend, indemnify and hold harmless, Sublessor, its agents and employees from and against, and shall reimburse Sublessor, its agents and employees for all claims, costs and liabilities, including attorneys' fees and costs, arising out of or otherwise at lawin connection with Sublessee's breach of its obligations hereunder. Sublessee shall be solely responsible for and shall defend, Landlord may require Tenant to take all actionsindemnify and hold harmless Sublessor, or to its agents and employees from and against, and shall reimburse Landlord for the costs of Sublessor, its agents and employees for, any and all actions taken by Landlordclaims, as are necessarycosts and liabilities, appropriate including attorneys' fees and costs, arising out of or desirable to cure such breach. for purposes of this Article, in connection with the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on cleanup and restoration work and materials necessary to return the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, Premises and/or the Building and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements property of whatever nature located in the materials described in clauses (a) through (c) being collectively referred Building to as "Hazardous Materials". The provisions the condition existing prior to Sublessee's breach of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Articleparagraph. The Sublessee shall immediately provide Sublessor with copies of any notice, report or other correspondence between Sublessee and any governmental agency concerning any hazardous materials in, on or about the Premises or the Building. Sublessee's obligations of Tenant under this Article hereunder shall survive the expiration or sooner termination of this Sublease. California Health and Safety Code Section 25359.7(b) requires any tenant of real property who knows, or has reasonable cause to believe, that any release of a hazardous substance has come to be located on or beneath such real property to give written notice of such condition to the term owner. Sublessee shall comply with the requirements of Section 25359.7(b) and any successor statute thereto and with all other statutes, laws, ordinances, rules, regulations and orders of governmental authorities with respect to hazardous substances. Sublessor shall have the right to pursue all legal and equitable remedies available to it in the event of failure of Sublessee to comply with the requirements of this Leaseparagraph.

Hazardous Waste. Throughout Mortgagee has obtained, and Borrower has reviewed, a Phase I Environmental Site Assessment dated January 20, 2005, prepared by Xxxxxxx Group Services, Inc. (the “Report”). Except as disclosed to Mortgagee in the Report, Borrower has received no notification of any kind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, except as previously disclosed to Mortgagee in writing, to the best of its knowledge as of the date hereof, there are no hazardous waste or materials located in, on or under the Property or any adjacent property, or incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution, or disposal facility for hazardous waste or materials, except for reasonable quantities of ordinary office supplies, cleaning supplies insecticides, pesticides, and paint used in the normal operation and maintenance of the Real Property, provided that the same are used, stored, handled, and disposed of in accordance with applicable laws (“Permitted Substances”). As used herein, the term of this Lease“hazardous waste or materials” includes an substance or material defined in or designated as hazardous or toxic wastes, Tenant shall not undertake hazardous or permit any Environmental Activity (as such term is hereinafter defined) toxic material, a hazardous, toxic or radioactive substances, or other than (i) in compliance with all applicable laws and ordinances and all rulessimilar term, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statues, regulations and ordinances, and (ii) with all orders, decrees or judgments of governmental authorities or courts have jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Property or any adjacent property, or incorporated in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to timeImprovements, at Tenant's Borrower’s expense. In the event that Mortgagee at any time has reason to believe that the Property is not free of all hazardous waste or materials other than Permitted Substances or that Borrower has violated any applicable environmental law with respect to the Property, then immediately upon request by Mortgagee, Borrower shall promptly order, diligently pursue obtaining and furnish the Mortgagee, at Borrower’s sole cost and expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews inspection of the premises Property from an expert satisfactory to Mortgagee. In the event that Borrower fails to immediately obtain such audit or inspection, Mortgagee or its agents may perform or obtain such audit or inspection at Borrower’s sole cost and expense. Mortgagee may, but is not obligated to, enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as Landlordit deems advisable to protect its interest in the Property; and whether or not Borrower has actual knowledge of the existence of hazardous waste or materials on the Property or any adjacent property as of the date hereof, Borrower shall reimburse Mortgagee as provided in Section 23 below for the full amount of all costs and expenses incurred by Mortgagee prior to Mortgagee acquiring title to the Property through foreclosure or acceptance of a deed in lieu of foreclosure, in its sole discretion, connection with such compliance activities. Neither this provision nor any of the other Loan Documents shall deem necessary, appropriate or desirable operate to put Mortgagee. The rights granted to Mortgagee herein and Tenant shall cooperate in the conduct other Loan Documents are granted solely for the protection of any such environmental auditMortgagee’s lien and security interest covering the Property, examination, test, inspection or review. If Tenant shall breach and do not grant to Mortgagee the covenants provided in this Article, then, in addition right to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all control Borrower’s actions, decisions or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate policies regarding hazardous waste or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasematerials.

Hazardous Waste. Throughout The term "Hazardous Substances", as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law", which term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of mean any federal, state or local governmental authority (hereinafter collectively referred law or ordinance relating to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect pollution or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the release ordinary course of Tenant's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Tenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord; (iii) no portion of the premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought onto the premises, except for the Permitted Materials described below, and if Tenant, or any of Tenant's agents, employees, contractors or invitees brings such Hazardous Substances thereon or permits or suffers any agent, employees, visitors or contractors of Tenant or other party to do so, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If, at any time during or after the term of the Lease the premises is hereinafter defined) found to be so contaminated as a result of the violation of this provision by Tenant, its agents, employees, contractors or invitees, Tenant agrees to indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or at as a result of the use of the premises which could form by Tenant. The foregoing indemnification shall survive the basis termination or expiration of any claimthis Lease. Landlord represents and warrants to Tenant that, demand to Landlord's reasonable knowledge, information and belief, as of the date hereof there are no Hazardous Substances in or action by any partyon the premises, building or property on the date of hereof and there shall be none on the commencement date hereunder. Landlord shall amend this warranty, if applicable, or be conclusively deemed to have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews restated this warranty as of the premises commencement date hereof as Landlordestablished pursuant to Section 1.A. above. Landlord agrees to indemnify and hold Tenant harmless from all claims, in its sole discretiondemands, shall deem necessaryactions, appropriate or desirable liabilities, costs, expenses, damages and Tenant shall cooperate in the conduct obligations of any such environmental audit, examination, test, inspection nature arising from or review. If Tenant shall as a result of Landlord's breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"these warranties. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term of this Lease.

Hazardous Waste. Throughout 2.4.1 Subject to the term terms and conditions set forth below, Grantor at all times shall keep the Property and ground water of this Lease, Tenant the Property free of Hazardous Materials (as defined below). Grantor shall not undertake and shall not knowingly permit its tenants or permit any Environmental Activity (as such term is hereinafter defined) other than (i) third party requiring the consent of Grantor to enter the Property, to use, generate, manufacture, treat, store, release, threaten release, or dispose of Hazardous Materials in, on, or about the Property or the ground water of the Property in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) violation of any federal, state regional, state, or local law, decision, statute, rule, ordinance or regulation currently in existence or hereinafter enacted or rendered (collectively the “Hazardous Waste Laws”). Grantor shall give Beneficiary prompt written notice of any claim by any person, entity, or governmental authority (hereinafter collectively referred to as "Legal Requirements")agency that a significant release or disposal of Hazardous Materials has occurred in, on, or under the Property in excess of legal limits. Grantor, through its professional engineers and (ii) in such a manner as at its cost, shall keep the premises, the Building promptly and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours thoroughly investigate suspected Hazardous Materials contamination of the release of Property. Grantor shall forthwith remove, repair, clean up, and/or detoxify any Hazardous Materials (as such term is hereinafter defined) from found on the Property or at in the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews ground water of the premises Property if such actions are required by Hazardous Waste Laws, and whether or not Grantor was responsible for the existence of the Hazardous Materials in, on or about the Property or the ground water of the Property. “Hazardous Materials” shall include but not be limited to substances defined as Landlord“hazardous substances,” “hazardous materials,” or “toxic substances” in The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, by the Superfund Amendments and Reauthorization Act of 1986, The Hazardous Materials Transportation Act of 1994, The Resource Conservation and Recovery Act of 1976, as amended by The Used Oils Recycling Act of 0000, Xxx Xxxxx Xxxxx Xxxxxxxx Xxx amendment of 1984, The Toxic Substances Control Act, The Clean Air Act, The Clean Water Act, Idaho Environmental Protection and Health Act (Idaho Code §§ 39 101 to 39 130), Idaho Water Quality Act (Idaho Code §§ 39 3601 to 39 3639), Idaho Hazardous Waste Management Act (Idaho Code §§ 39 4401 to 39 4432), Idaho Hazardous Substance Emergency Response Act (Idaho Code §§ 39 7101 to 39 7115), Idaho Petroleum Clean Water Trust Fund Act (Idaho Code §§ 41 4901 to 41 4946), Idaho Land Reclamation Act (Idaho Code §§ 39 7201 to 39 7210), Idaho Solid Waste Facilities Act (Idaho Code §§ 39 7401 to 39 7420), Idaho Sale and Disposal of Batteries Act (Idaho Code §§ 39 7001 to 39 7004), or in its sole discretionany other Hazardous Waste Laws. Hazardous materials shall not include small quantities of paints, shall deem necessarysolvents, appropriate lubricants or desirable and Tenant shall cooperate cleaning materials used in the conduct maintenance or operation of the Property. In addition, Grantor shall not put any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or underground storage tanks on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this LeaseReal Property.

Hazardous Waste. Throughout Trustor shall keep and maintain the term of this LeaseProperty (including, Tenant shall but not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (ilimited to, soil and ground water conditions) in compliance with all applicable laws Hazardous Materials Laws and ordinances shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all rulesenforcement, orders and regulationscleanup, present removal or futureother governmental or regulatory actions instituted, ordinary completed or extraordinary, foreseen threatened against Trustor or unforeseen) of the Property pursuant to any applicable federal, state or local governmental authority laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter collectively referred to as "Legal RequirementsHazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law including but not limited to the provisions of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (iior counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in such a manner as connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall keep the premisesindemnify and hold harmless Beneficiary and its boardmembers, the Building directors, officers, employees, agents, successors and the Land free assigns from and against any lien imposed pursuant to loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken actual or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health alleged past or the environment. Tenant shall notify Landlord within 24 hours of the release present violation of any Hazardous Materials Law; (as such term is hereinafter definedii) from any Hazardous Materials Claim; (iii) any actual or at the premises which could form the basis of any claim, demand alleged past or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any present use, generation, manufacture, storage, installation, existence, release, threatened release, discharge, generationdisposal, abatementtransportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, disposalor restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, handling and Section 5.1(l) of the DDLA. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or transportation fromnecessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, into or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the leased premises of Property and (2) exercise (a) any "hazardous substance" as defined in any federal statutethe rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) petroleumany other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), crude oil the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any fraction thereoflessee, natural gas occupant, or synthetic gas used for fuel, and (c) user of any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws portion of the State Property and the Trustor knew or should have known of New York the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant action commenced under this Article shall survive paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the expiration or sooner termination degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the term Beneficiary upon its demand made at any time following the conclusion of this Leasesuch action.

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake transport, use, store, maintain, generate, manufacture, handle, dispose, release, or discharge any “Hazardous Material” (as defined below) upon or about the Property, or permit any Environmental Activity Tenant’s employees, agents, contractors and other occupants of the Premises to engage in such activities upon or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises: (a) such substances shall be used an maintained only in such quantities as are reasonably necessary for such term is hereinafter definedpermitted use of the Premises, strictly in accordance with applicable law and the manufacturers’ instructions therefore, (b) other than (i) such substances shall not be disposed of, released or discharged on the Property, and shall be transported to and from the premises in compliance with all applicable laws Laws, and ordinances as Landlord shall reasonably require, (c) if any applicable Law of Landlord’s trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant’s expense for such disposal directly with a qualified and all ruleslicensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord), orders and regulationsqualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord), present and shall ensure that disposal occurs frequently enough to prevent unnecessary storage of such substances in the Premises, and (d) any remaining such substances shall be completely, properly and lawfully removed from the Property upon expiration or futureearlier termination of this Lease. Tenant shall promptly notify Landlord of: (i) any enforcement, ordinary cleanup or extraordinaryother regulatory action taken or threatened by any governmental or regulatory authority with respect to the presence of any Hazardous Material on the Premises of the migration thereof from or to other property, foreseen (ii) any demand claims made or unforeseenthreatened by any party against Tenant or the Premises relating to any loss or injury resulting from any Hazardous Material, (iii) any release, discharge or non routine, improper or lawful disposal or transportation of any Hazardous Material on or from the Premises, and (iv) any matters where Tenant is required by Law to give a notice to any governmental or regulatory authority respecting any Hazardous Material on the Premises. Landlord shall have the right (but not the obligation) to join and participate as a party in legal proceedings or actions affecting the Premises initiated in connection with any environmental, health or safety Law, At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then used, stored, or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any material safety data sheet (“MSDS”) issued by the manufacturer therefore, written information concerning the removal, transportation and disposal of the same, and such other information as Landlord may reasonably require or as may be required by Law. The term “Hazardous Material” for purposed hereof shall mean any chemical, substance, material or waste or component thereof by any federal, state or local governmental authority governing body having jurisdiction, or which would trigger any employee or community “right-to-know” requirements adopted by any such body, or for which any such body has adopted any requirements for the preparation or distribution of an MSDS. If any Hazardous Material is released, discharged or disposed of by Tenant or any other occupant of the Premises, or their employees, agents or contractors, on or about the Property in violation of the foregoing provisions, Tenant shall immediately, properly and in compliance with applicable Laws clean up and remove the Hazardous Material from the Property and any other affected property and clean or replace any affected personal property (hereinafter collectively referred whether or not owned by Landlord), at Tenant’s expense. Such clean up and removal work shall be subject to as "Legal Requirements"Landlord’s prior written approval (except in emergencies), and (ii) in such a manner as shall keep the premisesinclude, the Building without limitation, any testing, investigation, and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release preparation and implementation of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or remedial action plan required by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit governmental body having jurisdiction or such other examinations, tests, inspections and reviews of the premises as reasonably required by Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant fail to comply with or keep or perform the provisions of this Article. The obligations of Tenant Article within five (5) days after written notice by Landlord, or such shorter time as may be required by Law or in order to minimize any hazard to Persons or property, Landlord may (but shall not be obligated to) arrange for such compliance directly or as Tenant’s agent through contractors or other parties selected by Landlord, at Tenant’s expense (without limiting Landlord’s other remedies under this Article shall survive Lease or applicable Law). If any Hazardous Material is released, discharged or disposed of on or about the expiration Property and such release, discharge or sooner termination disposal is not caused by Tenant or other occupant of the term of this LeasePremises, or their employees, agents or contractors, such release, discharge or disposal shall be deemed casualty damage under Article 19 to the extent that the Premises or common areas serving the Premises are affected thereby; in such case, Landlord and Tenant shall have the obligations and rights respecting such casualty damage provided under Article 19.

Hazardous Waste. Throughout the The term of “Hazardous Substances,” as used in this LeaseLease shall mean pollutants, Tenant shall not undertake contaminants, toxic or permit hazardous wastes, or any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premisessubstances, the Building and removal of which is required or the Land free from use of which is restricted, prohibited or penalized by any lien imposed pursuant “Environmental Law,” which term shall mean any Law relating to any Legal Requirement in respect health, pollution, or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (a) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the release ordinary course of Tenant’s business activities (the “Permitted Activities”) provided such Permitted Activities are part of the permitted use and conducted in accordance with all Environmental Laws; (b) the Premises will not be used in any manner for the storage of any Hazardous Substances except for any temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location satisfying all Environmental Laws; (c) no portion of the Premises will be used as a landfill or a dump; (d) Tenant will not install any underground tanks of any type; (e) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; and (f) Tenant will not bring any Hazardous Substances onto the Premises, except for the Permitted Materials, and if so brought thereon, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Term, the Premises are found to have been contaminated or subjected to such term is hereinafter defined) conditions by a Tenant Party, Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Premises by Tenant. Tenant will maintain on the Premises a list of all materials stored at the premises Premises for which could form a material safety data sheet (an “MSDS”) was issued by the basis producers or manufacturers thereof, together with copies of any claimthe MSDS’s for such materials, demand or action by any partyand shall deliver such list and MSDS copies to Landlord upon Landlord’s request therefor. Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to Landlord before Tenant’s right to possess the Premises ends. Landlord shall have may enter the right, Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Tenant's Landlord’s expense, to conduct an environmental audit unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or such other examinations, tests, inspections and reviews of that Tenant has not complied with the premises as Landlordrequirements set forth in this Section 25, in its sole discretion, shall deem necessary, appropriate or desirable and which case Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by actual cost thereof within ten days after Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease’s request therefor.

Hazardous Waste. Throughout The term “Hazardous Substances”, as used in this Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term shall mean any Law relating to health, pollution, or protection of the environment. Tenant hereby agrees that (a) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Tenant’s business activities (the “Permitted Activities”) provided such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (b) the Premises will not be used in any manner for the storage of any Hazardous Substances except for any temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location satisfying all Environmental Laws and approved in advance in writing by Landlord; (c) no portion of the Premises will be used as a landfill or a dump; (d) Tenant will not install any underground tanks of any type; (e) Tenant will not cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; and (f) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Term, the Premises are found to be so contaminated or subject to such conditions as a result of Tenant’s use of the Premises or breach of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with defend, indemnify and hold Landlord harmless from all applicable laws claims, demands, actions, liabilities, costs, expenses, damages and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) obligations of any federal, state nature arising from or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours result of the release use of any Hazardous Materials (the Premises by Tenant. Unless expressly identified on an addendum to this Lease, as such term is hereinafter defined) from of the date hereof there are no “Permitted Activities” or at “Permitted Materials” for purposes of the premises which could form foregoing provision and none shall exist unless and until approved in writing by the basis of any claim, demand or action by any partyLandlord. Landlord shall have may enter the right, Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Tenant's Landlord’s expense, to conduct an environmental audit unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or such other examinations, tests, inspections and reviews of that Tenant has not complied with the premises as Landlordrequirements set forth in this Section 25, in its sole discretion, shall deem necessary, appropriate or desirable and which case Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs reasonable cost thereof within ten days after Landlord’s request therefor. Nothing in this Section shall require Tenant to indemnify Landlord for any matters arising out of any and all or caused by the actions taken by or omissions of Landlord, as are necessaryits employees, appropriate agents, contractors, licensees, or desirable to cure such breachinvitees. for purposes of this ArticleTENANT ACKNOWLEDGES THAT (1) NO REPRESENTATIONS AS TO THE REPAIR OF THE PREMISES, the term "Environmental Activity" means any useNOR PROMISES TO ALTER, storageREMODEL OR IMPROVE THE PREMISES HAVE BEEN MADE BY LANDLORD, installationAND (2) THERE ARE NO REPRESENTATIONS OR WARRANTIES, existenceEXPRESSED, releaseIMPLIED OR STATUTORY, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this LeaseTHAT EXTEND BEYOND THE DESCRIPTION OF THE PREMISES.

Hazardous Waste. Throughout Licensee covenants and agrees that Licensee will not store, use, or dispose of any substances, pollutants, or other contaminants on or about the term Premises or Building which would be deemed or determined to be a “hazardous substance” or “hazardous waste” under any federal, state or local statute, law, ordinance or regulation now or hereafter in effect. Licensee further agrees to indemnify and hold Licensor harmless from and against all claims, costs, and liabilities, including but not limited to attorneys1 fees and costs of this Leaselitigation, Tenant shall not undertake incurred as a result of a release or permit any Environmental Activity (as such term is hereinafter defined) other than threatened release (i) by Licensee, or (ii) resulting from any action or inaction by Licensee, or (iii) arising from Licensee’s use and occupancy of the Premises or the Building of hazardous substances, pollutants, or other contaminants at the Premises or Building which could be deemed or determined to be a “hazardous substance” or “hazardous waste” under any federal, state or local statute, law, ordinance or regulation now or hereafter in compliance effect. The foregoing indemnification of Licensor by Licensee includes, without limitation, all costs incurred by or imposed upon Licensor in connection with all applicable laws any judgments, damages, penalties, fines, liabilities or losses (including, without limitation, diminution in value of the Premises or the Building, damages for the loss or restriction on use of any space or of any amenity in or around the Building in which the Premises are located, damages arising from any adverse impact on marketing of space, and ordinances sums paid in settlement of claims, attorneys’ fees, consultant fees and all rulesexpert fees) or in connection with the investigation of site conditions or any clean-up, orders and regulations, present or future, ordinary remedial removal or extraordinary, foreseen or unforeseen) of restoration work required by any federal, state or local governmental authority (hereinafter collectively referred agency or political hazardous substance in the Premises or the Building caused or permitted by Licensee or for which Licensee is legally liable. Licensee further agrees to as "Legal Requirements")maintain insurance to cover such claims, costs, and (ii) liabilities, in such amounts and with coverages and insurance carriers satisfactory to Licensor, in Licensor’s reasonable judgment. Licensee’s obligations under this Paragraph will survive the termination or early expiration of this Agreement. Any default under this Paragraph 16 shall be a manner as shall keep the premises, the Building and the Land free from material default enabling Licensor to exercise any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided remedies set forth in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this ArticleAgreement. The obligations of Tenant under Licensee contained in this Article Paragraph shall survive the expiration or sooner termination of the term of this LeaseAgreement.

Hazardous Waste. Throughout If, during the term course of this Leaseperforming the --------------- Work, Tenant Contractor becomes aware of any Hazardous Waste (other than the Known Conditions) on or under the Project Site, whether or not created, released or brought on by Contractor, Contractor shall report such condition to Owner in writing immediately and before disturbing (or further disturbing) the Hazardous Waste. Contractor shall not undertake be liable for nor required to remove any Hazardous Waste (including, without limitation, Known Conditions) on or permit under the Project Site as of the Effective Date or created or brought on the Project Site by Owner thereafter, and, as between Owner and Contractor, Owner (and any Environmental Activity (as indemnitor under any indemnity benefitting Owner) shall have sole liability for and responsibility to clean up, remove and dispose of any such term is hereinafter defined) other than Hazardous Waste. Any disruption in the scheduled completion of the Xxxxx Project caused by (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present the discovery of such Hazardous Waste (other than Known Conditions) or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in Owner's clean-up, removal and disposal of such a manner as Hazardous Waste shall keep be deemed to be an Owner-Caused Delay. Contractor shall be solely liable for any Hazardous Waste brought on or created on the premisesProject Site by Contractor or any Subcontractors and shall perform all cleanup, removal and disposition services with respect thereto. Prior to the Building performance by Contractor of any clean-up, removal and the Land free from any lien imposed disposition services for which Contractor is liable pursuant to any Legal Requirement in respect this Section 2.17, Contractor shall formulate a plan for performance of such Environmental Activityservices and submit such plan to Owner for review and comment. Tenant Contractor shall take revise the plan to reflect all necessary steps reasonable comments of Owner and shall perform the clean-up, removal and disposal services in accordance with such plan. Neither Owner's review or comment nor Contractor's acceptance of Owner's comments shall mean that Owner has control over the clean-up, removal and disposal services or subject Owner to ensure that any Environmental Activity undertaken liability with respect to such services or permitted the Hazardous Waste with respect to which such services are to be performed. Contractor shall conduct such clean-up, removal and disposal at the premises is undertaken in a manner its own cost. In any event, Contractor shall use its best efforts to conduct such clean-up, removal and disposal so as to provide prudent safeguards against potential risks cause minimum disruption to human health or the environment. Tenant shall notify Landlord within 24 hours scheduled completion of the release Xxxxx Complex, and any such disruption shall be at Contractor's risk. Contractor shall comply with Applicable Laws and Applicable Permits (including the obtaining of necessary licenses and permits) with respect to all Hazardous Waste at all times and in all events. The Work in the affected areas shall resume by written direction of Owner, provided such continuation of the Work shall not violate any Applicable Laws or Applicable Permits. Contractor shall dispose of any Hazardous Materials (as such term is hereinafter defined) from or Waste only by lawful means at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leaseproperly permitted sites.

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by LandlordXxxxxxxx, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.

Hazardous Waste. Throughout (a) Borrower has furnished to METLIFE a Phase I Environmental Site Assessment dated January 2, 1996, prepared by AquaTerra Environmental Sciences Corp., supplemented by a letter dated March 13, 1996, and an Environmental Questionnaire dated March 5, 1996 (collectively, the "Report"). Except as disclosed to METLIFE in the Report, Borrower has received no notification of any kind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, except as previously disclosed to METLIFE in writing, to the best of its knowledge as of the date hereof after due and diligent inquiry, there are no hazardous waste or materials located in, on or under the Property or any adjacent property, or incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution or disposal facility for hazardous waste or materials. As used herein, the term of this Lease"hazardous waste or materials" includes any substance or material defined in or designated as hazardous or toxic wastes, Tenant shall not undertake hazardous or permit any Environmental Activity (as such term is hereinafter defined) toxic material, a hazardous, toxic or radioactive substance, or other than (i) in compliance with all applicable laws and ordinances and all rulessimilar term, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statutes, regulations and ordinances, and (ii) with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Property or any adjacent property, or incorporated in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to timeImprovements, at TenantBorrower's expense. In the event that METLIFE at any time believes that the property is not free of all hazardous waste or materials or that Borrower has violated any applicable environmental law with respect to the Property, then immediately upon request by METLIFE, Borrower shall obtain and furnish to conduct METLIFE, at Borrower's sole cost and expense, an environmental audit or such other examinations, tests, inspections and reviews inspection of the premises Property from an expert satisfactory to METLIFE. In the event that Borrower fails to immediately obtain such audit or inspection, METLIFE or its agents may perform or obtain such audit or inspection at Borrower's sole cost and expense. METLIFE may, but is not obligated to, enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as Landlordit deems advisable to protect its interest in the Property; and whether or not Borrower has actual knowledge of the existence of hazardous waste or materials on the Property or any adjacent property as of the date hereof. Borrower shall reimburse METLIFE as provided in Section 23 below for the full amount of all costs and expenses incurred by METLIFE prior to METLIFE acquiring title to the Property through foreclosure or acceptance of a deed in lieu of foreclosure, in its sole discretion, connection with such compliance activities. Neither this provision nor any of the other Loan Documents shall deem necessary, appropriate or desirable and Tenant shall cooperate operate to put METLIFE in the conduct position of any such environmental audit, examination, test, inspection or review. If Tenant shall breach an owner of the covenants provided in this Article, then, in addition Property prior to any acquisition of the Property by METLIFE. The rights granted to METLIFE herein and in the other rights Loan Documents are granted solely for the protection of METLIFE's lien and remedies which may be available security interest covering the Property, and do not grant to landlord pursuant METLIFE the right to this Lease or otherwise at law, Landlord may require Tenant to take all control Borrower's actions, decisions or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate policies regarding hazardous waste or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasematerials.

Hazardous Waste. Throughout The term "Hazardous Substances", as used in this Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law", which term shall mean any Law relating to health, pollution, or protection of the environment. Tenant hereby agrees that (a) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Tenant’s business activities (the "Permitted Activities")provided such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (b) the Premises will not be used in any manner for the storage of any Hazardous Substances except for any temporary storage of such materials that are used in the ordinary course of Tenant’s business (the "Permitted Materials")provided such Permitted Materials are properly stored in a manner and location satisfying all Environmental Laws and approved in advance in writing by Landlord; (c) no portion of the Premises will be used as a landfill or a dump; (d) Tenant will not install any underground tanks of any type; (e) Tenant will not cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; and (f) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Term, the Premises are found to be so contaminated or subject to such conditions as a result of Tenant’s use of the Premises or breach of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with defend, indemnify and hold Landlord harmless from all applicable laws claims, demands, actions, liabilities, costs, expenses, damages and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) obligations of any federalnature arising from or as a result of the use of the Premises by Tenant. Unless expressly identified on an addendum to this Lease, state or local governmental authority (hereinafter collectively referred as of the date hereof there are no "Permitted Activities"or "Permitted Materials"for purposes of the foregoing provision and none shall exist unless and until approved in writing by the Landlord. Landlord may enter the Premises, upon reasonable notice to as "Legal Requirements")Tenant, and (ii) in such a manner conduct environmental inspections and tests therein as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Tenant's Landlord’s expense, to conduct an environmental audit unless they reveal the presence of Hazardous Substances (other than Permitted Materials) not present in the Premises at the Commencement Date and caused by Tenant or such other examinationsa Tenant Party, tests, inspections and reviews of or that Tenant has not complied with the premises as Landlordrequirements set forth in this Section 25, in its sole discretion, shall deem necessary, appropriate or desirable and which case Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs reasonable cost thereof within thirty (30) days after Landlord’s request therefor. Nothing in this Section shall require Tenant to indemnify Landlord for any matters arising out of any and all or caused by the actions taken by or omissions of Landlord, as are necessaryits employees, appropriate agents, contractors, licensees, or desirable to cure such breachinvitees. for purposes If applicable governmental agencies require the removal of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure Substances that were not caused by Tenant or a Tenant Party, then Landlord shall cause such removal in accordance with applicable Environmental Laws at no cost to comply with or keep or perform Tenant. If the provisions Premises are untenantable during such remediation, then rent shall axxxx during such period of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leaseuntenantability.

Hazardous Waste. Throughout the term of this Lease, Tenant Mortgagor shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance comply with all applicable laws and ordinances any and all ruleslaws, regulations or orders with respect to the discharge and regulationsremoval of hazardous or toxic wastes, present contaminants or futurematerials (collectively, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal RequirementsHazardous Material"), and (ii) in such a manner as shall pay immediately when due the cost of removal of any Hazardous Materials and keep the premises, the Building and the Land Mortgaged Property free from of any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken laws, regulations or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health orders and (iii) not release or the environment. Tenant shall notify Landlord within 24 hours of the release dispose of any Hazardous Materials (as on the Mortgaged Property, provided that Mortgagor may permit such term is hereinafter defined) disposal if permitted by applicable laws, regulations or orders unless to do so would not be consistent with commercially reasonable business practices. In the event Mortgagor fails to comply with the covenants in the preceding sentence Mortgagee may, in addition to any other remedies set forth herein, cause any Hazardous Materials to be removed from the Premises at Mortgagor's sole cost and expense. Any costs or expenses incurred by Mortgagee for such purpose shall be immediately due and payable by Mortgagor and shall bear interest at the premises which could form Default date. Mortgagor shall provide to Mortgagee and its agents and employees access to the basis of Mortgaged Property and hereby specifically grants to Mortgagee a license to remove any claim, demand or action by any partyHazardous Material located thereon. Landlord Mortgagee shall have the right, from at any time to timethat the Obligations are outstanding, at Tenant's expensethe sole cost and expense of Mortgagor, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as LandlordMortgaged Property by such persons or firms appointed by Mortgagee, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant Mortgagor shall cooperate in all respects in the conduct of any such environmental audit, examinationincluding, testwithout limitation, inspection access to the Mortgaged Property and all records relating thereto. Mortgagor shall have the right to review such environmental audit of the Mortgaged Property and to dispute the same. Mortgagor shall indemnify and hold Mortgagee (and each Lender) harmless from and against all loss, cost, damage (including, without limitation, consequential damages) or reviewexpense (including, without limitation, attorneys' fees and the allocated costs of staff counsel) that Mortgagee (or such Lender) may sustain by reason of the assertion against Mortgagee (or such Lender) by any party of any claim relating to such Hazardous Material or the removal thereof from the Premises. If Tenant shall breach the covenants Mortgagor may, at its own expense, contest such claims by appropriate legal proceedings provided in this Article, thenthat, in addition to connection with any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at lawsuch contest, Landlord may require Tenant to take all actions, or to reimburse Landlord Mortgagor shall make provision for the costs payment of such contested claim on its books, if and to the extent required by generally accepted accounting principles. The foregoing indemnification shall survive repayment of all amounts due under the Credit Agreement, the ASI-BV Intercompany Note, the Guaranty and any and all actions taken by Landlord, as are necessary, appropriate release or desirable to cure such breach. for purposes assignment of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this LeaseMortgage.

Hazardous Waste. Throughout Trustor shall keep and maintain that portion of the term Property that is subject to the Deed of this LeaseTrust in compliance with, Tenant shall and may not undertake cause or permit any Environmental Activity (as such term is hereinafter defined) other than (i) Property to be in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) violation of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about such Property including, but not limited to, soil and ground water conditions. Trustor may not use, generate, manufacture, store or dispose of on, under, or about such Property or transport to or from such Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," hazardous wastes," "hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials") except such of the foregoing as may be customarily used in construction of single-family homes like the development or kept and used in and about residential property of this type. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of (i) any and all enforcement, cleanup, removal or other governmental authority or regulatory actions related to the Property instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, ("Hazardous Materials Law"), (ii) all claims made or threatened by any third party related to the Property against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter collectively referred to as "Legal RequirementsHazardous Materials Claims"), and (iiiii) Trustor's discovery of any occurrence or condition on any real property adjoining or in such a manner as shall keep the premises, vicinity of the Building and Property that could cause the Land free from Property or any lien imposed pursuant part thereof to be subject to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken restrictions on the ownership, occupancy, transferability or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours use of the release of Property under any Hazardous Materials (as such term is hereinafter defined) from or at Law including but not limited to the premises which could form the basis provisions of any claimCalifornia Health and Safety Code, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actionsSection 25220 et seq., or any regulation adopted in accordance therewith. Beneficiary has the right to reimburse Landlord for the costs of any join and all actions taken by Landlordparticipate in, as are necessarya party if it so elects, appropriate any legal proceedings or desirable actions initiated in connection with any Hazardous Materials Claims and to cure such breachhave its reasonable attorneys' fees in connection therewith paid by Trustor. for purposes Trustor shall indemnify and hold harmless Beneficiary and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of this Article, or attributable to the term "Environmental Activity" means any use, generation, storage, installation, existence, release, threatened release, discharge, generationdisposal, abatementor presence of Hazardous Materials on or under the Property, including without limitation: (i) all foreseeable consequential damages, (ii) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans, and (iii) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (i) and (ii), including but not limited to reasonable attorneys' fees and consultant's fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property, (2) loss or restriction of use of rentable space on the Property, (3) adverse effect on the marketing of any rental space on the Property, and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, disposalcleanup or detoxification of the Property and surrounding properties, handling which results from contamination emanating from the Property). Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or transportation fromabout the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, into or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the leased premises of Property and (2) exercise (a) any "hazardous substance" as defined in any federal statutethe rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) petroleumany other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), crude oil the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any fraction thereoflessee, natural gas occupant, or synthetic gas used for fuel, and (c) user of any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws portion of the State Property and the Trustor knew or should have known of New York the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant action commenced under this Article shall survive paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the expiration or sooner termination degree to which the Property is environmentally impaired, plus interest thereon at the default rate specified in the Loan Agreement until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the term Beneficiary upon its demand made at any time following the conclusion of this Leasesuch action.

Hazardous Waste. Throughout the term of this LeaseTenant specifically agrees that, except for such limited quantities or office materials and supplies as are customarily used in Tenant’s normal business operations, Tenant shall not undertake engage or permit at any Environmental Activity time, any operations or activities upon, or any use or occupancy of the Premises, or any portion thereof, for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (as such term is hereinafter definedwhether legal or illegal, accidental or intentional) other than of any hazardous substances, materials or wastes, or any wastes regulated under any local, state or federal law (i) collectively, “Hazardous Materials”). Tenant shall, during the Term, remain in full compliance with all applicable laws governing its use and ordinances occupancy of the Premises, including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and all rulestransportation of hazardous substances, orders materials or wastes, and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federalwastes regulated under any local, state or local federal law. Tenant will remain in full compliance with the terms and conditions of all permits and licenses issued to it by any governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release on account of any Hazardous Materials (as such term is hereinafter defined) from or at all of its activities on the premises which could form Premises. To the basis best knowledge of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" except as defined expressly set forth in any federal statutethis Lease (including its exhibits), no Hazardous Material is present on the Real Property or the soil, surface water or groundwater thereof, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuelno underground storage tanks are present on the Real Property, and (c) no action, proceeding or claim is pending or threatened regarding the Real Property concerning any additional substances Hazardous Material or materials which pursuant to any environmental law. Under no circumstance shall Tenant be liable for, and Landlord shall indemnify, defend, protect and hold harmless Tenant, its agents, contractors, stockholders, directors, successors, representatives, and assigns from and against, all losses, costs, claims, liabilities and damages (including attorneys’ and consultants’ fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Material present at any time on or about the Real Property, or the soil, air, improvements, groundwater or surface water thereof, or the violation any laws, orders or regulations, relating to any such time are classified or considered Hazardous Material, except to be hazardous or toxic under the laws extent that any of the State foregoing actually results from the release or emission of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure Material by Tenant to comply with or keep its agents or perform the provisions employees in violation of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leaseapplicable environmental laws.

Hazardous Waste. Throughout The Tenant hereby irrevocably and unconditionally agrees to indemnify and hold the term Landlord harmless, at all times, from and against all liabilities, claims, liens, losses, costs, damages and expenses, including but not limited to, attorney's fees incurred by the Landlord, claim paid, whether as a result of this Leasefinal judgment or in the settlement of contested claims, Tenant shall not undertake which the Landlord, may incur, sustain or permit any be liable for, directly or indirectly, in connection with the exercise by the Connecticut Department of Environmental Activity (as such term is hereinafter defined"DEP") other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) Protection of any federalrights it may now or hereafter be entitled to exercise with respect to Public Act 85-443, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")any amendment or modification thereof, and (ii) in such for any other matter arising directly or indirectly as a manner as shall keep the premisesresult of said act including, but not limited to, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release removal of any "Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substanceWaste" as defined in any federal statute, (b) petroleum, crude oil the Connecticut General Statutes whether or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of not ordered by the State of New York Connecticut Department of Environmental Protection, and injuries or damage suffered by third parties, as the result of discharge of oil, petroleum liquids or other hazardous waste by the Tenant, provided however, that Landlord shall give prompt notice to Tenant of any such claim and shall allow the Tenant to defend any such claim. The Landlord may require the Tenant to post a bond in favor of the Landlord in an amount sufficient to indemnify the Landlord under this Paragraph, the amount of said bond to be determined by the Landlord. Failure of the Tenant to post said bond when required by the Landlord shall be a default under the Lease. The provision of this Paragraph shall be binding on the Tenant, its successors and assigns, and inure to the benefit of the Landlord, its successors and assigns. Nothing contained in this Paragraph shall limit the rights and obligations of the parties under any other part of this Lease. Landlord hereby represents that it has no knowledge of any violations of environmental laws on the Demised Premises and it has not received any notices of violations of environmental laws from DEP or any other Legal Requirements governmental agency. Landlord acknowledges that there is an abandoned petroleum product storage tank buried within the materials described in clauses (a) through (c) being collectively referred Condominium. Landlord shall indemnify, defend and hold Tenant harmless from and against any loss, cost, damages or expense arising out of any claim or action alleging facts which would indicate that any of the contents of such tank may have leaked into the surrounding area or that there may have been any spill of petroleum products or other hazardous substances prior to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination commencement of the term of this LeaseLease or during the term of this Lease by Landlord, Sprint or any invitee or licensee of Landlord. In the case of a claim or action against the Tenant as a result of any leakage or spill from said underground petroleum tank, the Tenant may require Landlord to post a bond in favor of Tenant in an amount sufficient to indemnify Tenant under this paragraph, the amount of said bond to be determined by an environmental engineering firm selected by Landlord. If Tenant shall disagree with the amount of the bond set by Landlord's environmental engineering firm, Tenant shall be entitled to select, at its sole cost of expense, a qualified licensed environmental engineering firm to recommend a bond amount based upon its analysis of the potential cost to Tenant under this indemnity provision. If the Landlord's and Tenant's environmental engineering firms cannot agree on a proposed bond based upon the potential cost of indemnity hereunder, then each firm shall select a third environmental engineering firm and the proposed bond amount recommended by the third environmental engineering firm shall be binding upon Tenant and Landlord. The provisions of this Paragraph shall be binding upon Landlord and its successors and assigns and inure to the benefit of Tenant and its successor and assigns.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not --------------- dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout The term "Hazardous Substances," as used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law," which term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of mean any federal, state or local governmental authority (hereinafter collectively referred law or ordinance relating to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect pollution or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (i) no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the release ordinary course of Tenant's business activities that are part of the ordinary course of Tenant's business (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (ii) the premises will not be used in any manner for the storage of any Hazardous Materials (as Substances except for the temporary storage of such term is hereinafter defined) from or at materials that are used in the premises which could form the basis ordinary course of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or business (the "Permitted Materials") provided such other examinations, tests, inspections Permitted Materials are properly stored in a manner and reviews location meeting all Environmental Laws and approved in advance in writing by Landlord; (iii) no portion of the premises will be used as Landlord, in its sole discretion, shall deem necessary, appropriate a landfill or desirable and a dump; (iv) Tenant shall cooperate in the conduct will not install any underground tanks of any such environmental audittype; (v) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, examinationor with the passage of time may constitute, testa public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought onto the premises, inspection except for the Permitted Materials described below, and if so brought or review. If Tenant found located thereon, the same shall breach the covenants provided in this Articlebe immediately removed, thenwith proper disposal, in addition to any other rights and remedies which may all required cleanup procedures shall be available to landlord diligently undertaken pursuant to this Lease all Environmental Laws. If, at any time during or otherwise at lawafter the term of the lease, the premises is found to be so contaminated or subject to said conditions, Tenant agrees to indemnify and hold Landlord may require Tenant to take harmless from all claims, demands, actions, or to reimburse Landlord for the costs liabilities, costs, expenses, damages and obligations of any and all actions taken by Landlord, nature arising from or as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws a result of the State use of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"premises by Tenant. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term of this Leaselease. See Additional Provision #40.

Hazardous Waste. Throughout the The term of "Hazardous Substances," as used in this LeaseLease shall mean pollutants, Tenant shall not undertake contaminants, toxic or permit hazardous wastes, or any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premisessubstances, the Building and removal of which is required or the Land free from use of which is restricted, prohibited or penalized by any lien imposed pursuant "Environmental Law," which term shall mean any law relating to any Legal Requirement in respect health, pollution, or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (a) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the release ordinary course of Tenant’s business activities (the "Permitted Activities") provided such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (c) the Premises will not be used in any manner for the storage of any Hazardous Substances except for any temporary storage of such materials that are used in the ordinary course of Tenant’s business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location satisfying all Environmental Laws and approved in advance in writing by Landlord; (d) no portion of the Premises will be used as a landfill or a dump; (e) Tenant will not install any underground tanks of any type; (f) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; and (g) Tenant will not cause (or permit any other Tenant Party to cause) any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Term, the Premises are found to be so contaminated or subject to such term is hereinafter defined) conditions, Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Premises by Tenant. Tenant will maintain on the Premises a list of all materials stored at the premises Premises for which could form a material safety data sheet (an “MSDS”) was issued by the basis producers or manufacturers thereof, together with copies of any claimthe MSDS’s for such materials, demand and shall deliver such list and MSDS copies to Landlord upon Landlord’s request therefor. Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to Landlord before Txxxxx’s right to possess the Premises ends. Unless expressly identified on an addendum to this Lease, as of the date hereof there are no "Permitted Activities" or action "Permitted Materials" for purposes of the foregoing provision and none shall exist unless and until approved in writing by any partythe Landlord. Landlord shall have may enter the right, Premises and conduct environmental inspections and tests therein as it may require from time to time, at provided that Landlord shall use reasonable efforts to minimize the interference with Tenant's business. Such inspections and tests shall be conducted at Landlord’s expense, to conduct an environmental audit unless they reveal the presence of Hazardous Substances (other than Permitted Materials) or such other examinations, tests, inspections and reviews of that Tenant has not complied with the premises as Landlordrequirements set forth in this Section 39, in its sole discretion, shall deem necessary, appropriate or desirable and which case Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasecost thereof within ten days after Lxxxxxxx’s request therefor.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil and other combustible materials in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release disposes of any Hazardous Materials hazardous wastes (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout Tenant agrees that the term of this Lease, Tenant Premises shall not undertake be used for the discharge or permit storage of any Environmental Activity (Hazardous Substance as such term is hereinafter defined) other than (i) defined in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local statute, rule, regulations or ordinance. Tenant agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, paralegal' fees and legal assistants' fees, costs of any settlement or judgment in claims of any and every kind, whatsoever paid, incurred or suffered by, or served against Landlord by any person or entity or governmental authority (hereinafter collectively referred to agency for, with respect to, or as "Legal Requirements")a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises, in connection with Tenant's operations thereon, of any Hazardous Substance, including any such loss or liability arising under the Comprehensive Environmental Response, Compensation and Liability Act, and any similar federal, state or local laws or ordinances. If Tenant receives any notice of: (i) the happening of any material event involving the escape, seepage leakage, spillage, discharge, emission, release or clean up of any Hazardous Substance on the Premises in connection with Tenant's operations thereon, or (ii) in such a manner as shall keep the premisesany complaint, the Building and the Land free order, citation, or material notice with regard to air emission, water discharge or any other environmental health or safety matter affecting Tenant (an "environmental complaint") from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. person or entity, Tenant shall take immediately notify Landlord orally and in writing of said notice. Any breach of any warranty or representation contained in this paragraph shall be an event of default under the Lease, which, if not cured within thirty (30) days of notice thereof, shall entitle Landlord to exercise any and all necessary steps remedies provided in the Lease or otherwise provided by law; provided, however, Landlord agrees that if the remedy or such default cannot be reasonably achieved within said thirty (30) day period, then Tenant shall have such further time as is reasonable under the circumstances to ensure effect such remedy provided that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours the thirty (30) day curative period of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from necessity for additional time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and provided further that Tenant shall cooperate in the conduct of any institute immediate steps to effect such environmental audit, examination, test, inspection or review. If Tenant remedy and shall breach the covenants provided in this Article, then, in addition continuously and diligently pursue such remedy to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasecompletion.

Hazardous Waste. Throughout (a) Trustor represents and warrants that, to the term best of this Leaseits knowledge, Tenant shall not undertake or permit any except as set forth in the Phase 1 Environmental Activity (as such term is hereinafter defined) other than Engineering Report obtained by Trustor for the benefit of Beneficiary in connection herewith, (i) in compliance with the Trust Property is now, and at all applicable laws and ordinances and all rulestimes during Trustor's ownership thereof has been free of contamination from any substance, orders and regulations, present material or future, ordinary waste identified as toxic or extraordinary, foreseen or unforeseen) of hazardous according to any federal, state or local governmental authority law, rule, regulation or order (any federal, state or local law, rule, regulation or order governing or regulating in any way the discharge, generation, removal, transportation, storage or handling of toxic or hazardous substances, materials or waste hereinafter collectively referred to as "Legal RequirementsENVIRONMENTAL LAWS"), including, without limitation, any pcb, radioactive substance, methane, volatile hydrocarbons, industrial solvents or any other material or substance which now or hereafter may cause or constitute a health, safety or other environmental hazard to any person or property (any such substance together with any substance, material or waste identified as toxic or hazardous under any Environmental Law now in effect or hereinafter enacted shall be referred to herein as "HAZARDOUS WASTE") (other than maintenance and cleaning supplies which (x) are ordinarily and customarily used in the maintenance of residential property and (y) are used, stored, disposed of and handled in compliance with and in quantities permitted by Environmental Laws), (ii) Trustor has not caused or suffered to occur any discharge, spill, uncontrolled loss or seepage of any petroleum or chemical product or any Hazardous Waste onto any property adjoining the Trust Property and (iii) neither the Trustor nor, to the best of Trustor's knowledge, any tenant or occupant of all or part of the Trust Property is now or has been involved in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted operations at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises Trust Property which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time lead to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord liability for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York Trustor or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination owner of the term Trust Property or the imposition of this Leasea lien on the Trust Property under any Environmental Law.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present the intended storage or future, ordinary or extraordinary, foreseen or unforeseen) transport of any federalhazardous material or oil by the Borrower or any Subsidiary of the Borrower, state (ii) any potential or local governmental authority (hereinafter collectively referred to as "Legal Requirements")known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iiiii) any incurrence of any expense or loss by any government or governmental authority in such a manner as shall keep connection with the premisesassessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Building Borrower and its Subsidiaries may use, store and transport, and need not notify the Land free from Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are chemicals, biological materials, solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries in reasonable quantities, as long as in any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at case the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health Borrower or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials Subsidiary concerned (as such term is hereinafter definedthe case may be) from or at the premises which could form the basis of has obtained and maintains in effect any claimnecessary governmental permits, demand or action by any party. Landlord shall have the rightlicenses and approvals, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, complies in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply material respects with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.all

Hazardous Waste. Throughout Trustor shall keep and maintain the term of this LeaseProperty (including, Tenant shall but not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (ilimited to, soil and ground water conditions) in compliance with all applicable laws Hazardous Materials Laws and ordinances shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all rulesenforcement, orders and regulationscleanup, present removal or futureother governmental or regulatory actions instituted, ordinary completed or extraordinary, foreseen threatened against Trustor or unforeseen) of the Property pursuant to any applicable federal, state or local governmental authority laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter collectively referred to as "Legal RequirementsHazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law including but not limited to the provisions of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith. Beneficiary has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to Beneficiary (iior counsel of its own choice if a conflict exists with Trustor) in, any legal proceedings or actions initiated in such a manner as connection with any Hazardous Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall keep the premisesindemnify and hold harmless Beneficiary and its boardmembers, the Building directors, officers, employees, agents, successors and the Land free assigns from and against any lien imposed pursuant to loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or attributable to: (i) any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken actual or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health alleged past or the environment. Tenant shall notify Landlord within 24 hours of the release present violation of any Hazardous Materials Law; (as such term is hereinafter definedii) from any Hazardous Materials Claim; (iii) any actual or at the premises which could form the basis of any claim, demand alleged past or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any present use, generation, manufacture, storage, installation, existence, release, threatened release, discharge, generationdisposal, abatementtransportation, or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation, cleanup, remediation, removal, disposalor restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, handling and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or transportation fromnecessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, into or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by Beneficiary. The Trustor hereby acknowledges and agrees that (i) this Article is intended as the Beneficiary's written request for information (and the Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other County Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by the Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the leased premises of Property and (2) exercise (a) any "hazardous substance" as defined in any federal statutethe rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) petroleumany other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), crude oil the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any fraction thereoflessee, natural gas occupant, or synthetic gas used for fuel, and (c) user of any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws portion of the State Property and the Trustor knew or should have known of New York the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant action commenced under this Article shall survive paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the expiration or sooner termination degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the term Beneficiary upon its demand made at any time following the conclusion of this Leasesuch action.

Hazardous Waste. Throughout the term of this Lease, 37.1 Tenant shall not undertake transport, use, store, maintain, generate, manufacture, handle, dispose, release, or discharge any “Hazardous Material” (as defined below) upon or about the Property, or permit any Environmental Activity Tenant’s employees, agents, independent contractors and other occupants of the Premises to engage in such activities upon or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises), provided that (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such term is hereinafter definedpermitted use of the Premises, strictly in accordance with applicable law and the manufacturers’ instructions therefore, (b) other than (i) such substances shall not be disposed of, released or discharged on the Property, and shall be transported to and from the Premises in compliance with all applicable laws laws, and ordinances as Landlord shall reasonably require, (c) if any applicable law requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant’s expense for such disposal directly with a qualified and all ruleslicensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, orders in Landlord’s reasonable discretion), and regulationsshall ensure that disposal occurs frequently enough to prevent unnecessary storage of such substances in the Premises, present and (d) any remaining such substances deposited by Tenant shall be completely, properly and lawfully removed from the Property upon expiration or futureearlier termination of this Lease. Promptly after becoming aware thereof, ordinary Tenant shall notify Landlord of: (i) any enforcement, cleanup or extraordinaryother regulatory action taken or threatened by any governmental or Page 40 of 91 regulatory authority with respect to the presence of any Hazardous Material on the Premises by Tenant or the migration thereof from or to other property, foreseen (ii) any demand or unforeseenclaims made or threatened by any party against Tenant or the Premises due to Tenant and relating to any loss or injury resulting from any Hazardous Material deposited by Tenant, (iii) any release, discharge or non-routine, improper or lawful disposal or transportation of any Hazardous Material by Tenant on or from the Premises, and (iv) any matters where Tenant is required by law to give a notice to any governmental or regulatory authority respecting any Hazardous Material on the Premises due to Tenant. Landlord shall have the right (but not the obligation) to join and participate as a party in legal proceedings or actions affecting the Premises initiated in connection with any environmental, health or safety law. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then used, stored, or maintained upon the Premises by Tenant, the use and approximate quantity of each such material, a copy of any material safety data sheet (“MSDS”) issued by the manufacturer therefore, written information concerning the removal, transportation and disposal of the same, and such other information as Landlord may reasonably require or as may be required by law. The term “Hazardous Material” for purposed hereof shall mean any chemical, substance, material or waste or component thereof as defined by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")governing body having jurisdiction over the Property, and (ii) in such a manner as shall keep the premises, the Building and the Land free from or which would trigger any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken employee or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action community “right-to-know” requirements adopted by any party. Landlord shall have the rightsuch body, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of for which any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to body has adopted any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord requirements for the costs preparation or distribution of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasean MSDS.

Hazardous Waste. Throughout Borrower has furnished to Bank a the Bank's Environmental Risk Assessment Questionnaire dated May 2, 2003, prepared by Borrower (the "Report"). Except as disclosed to Bank in the Report, Borrower has received no notification of any kind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, except as previously disclosed to Bank in writing, to the best of its knowledge as of the date hereof, there are no hazardous waste or materials located in, on or under the Property or any adjacent property, or incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution or disposal facility for hazardous waste or materials. As used herein, the term of this Lease"hazardous waste or materials" includes any substance or material defined in or designated as hazardous or toxic wastes, Tenant shall not undertake hazardous or permit any Environmental Activity (as such term is hereinafter defined) toxic material, a hazardous, toxic or radioactive substance, or other than (i) in compliance with all applicable laws and ordinances and all rulessimilar term, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statutes, regulations and ordinances, and (ii) with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Property or any adjacent property, or incorporated in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to timeImprovements, at TenantBorrower's expense. In the event that Bank at any time has a reasonable belief that the Property is not free of all hazardous waste or materials or that Borrower has violated any applicable environmental law with respect to the Property, then immediately, upon request by Bank, Borrower shall obtain and furnish to conduct Bank, at Borrower's sole cost and expense, an environmental audit or such other examinations, tests, inspections and reviews inspection of the premises Property from an expert satisfactory to Bank. In the event that Borrower fails to immediately obtain such audit or inspection, Bank or its agents may perform or obtain such audit or inspection at Borrower's sole cost and expense. Bank may, but is not obligated to, enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as Landlordit deems advisable to protect its interest in the Property; and whether or not Borrower has actual knowledge of the existence of hazardous waste or materials on the Property or any adjacent property as of the date hereof, Borrower shall reimburse Bank as provided in Section 23 below for the full amount of all costs and expenses incurred by Bank prior to Bank acquiring title to the Property through foreclosure or acceptance of a deed in lieu of foreclosure, in its sole discretion, connection with such compliance activities. Neither this provision nor any of the other Loan Documents shall deem necessary, appropriate or desirable and Tenant shall cooperate operate to put Bank in the conduct position of any such environmental audit, examination, test, inspection or review. If Tenant shall breach an owner of the covenants provided in this Article, then, in addition Property prior to any acquisition of the Property by Bank. The rights granted to Bank herein and in the other rights Loan Documents are granted solely for the protection of Bank's lien and remedies which may be available security interest covering the Property, and do not grant to landlord pursuant Bank the right to this Lease or otherwise at law, Landlord may require Tenant to take all control Borrower's actions, decisions or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate policies regarding hazardous waste or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasematerials.

Hazardous Waste. Throughout Lessee warrants and represents to Lessor that Lessee will comply with all federal, state and local environmental laws, rules, regulations and statutes applicable to Lessee's use and occupancy of the Premises during the term of this Lease, Tenant . Lessee shall not undertake cause or permit any Environmental Activity Hazardous Material (as such term is hereinafter defined) other than (i) to be brought upon, kept, or used in compliance or about the Premises by Lessee, its agents, employees, contractors or invitees, except for such Hazardous Material as is necessary to Lessee's business provided that Lessee has notified Lessor it will be bringing upon, keeping or using such Hazardous Material on or about the Premises. Any Hazardous Material permitted on the Premises as provided in this Article, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local laws or local regulations applicable to this Hazardous Material. Lessee shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by the Lessor, or any governmental authority authority) does or may pollute or contaminate the same, or may adversely affect (hereinafter collectively referred to as "Legal Requirements")a) the health, and welfare, or safety of persons, whether located on the Premises or elsewhere, or (iib) in such a manner as shall keep the premisescondition, use, or enjoyment of the Building or any other real or personal property. As used herein, the Building and term "Hazardous Material" means (a) a "hazardous waste" as defined by the Land free from any lien imposed pursuant to any Legal Requirement in respect Resource Conservation a Recovery Act of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner 1976, as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, amended from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of regulation promulgated thereunder; (ab) any "hazardous substance" as defined in any federal statuteby the Comprehensive Environmental Response, (b) petroleumCompensation and Liability Act of 1980, crude oil or any fraction thereof, natural gas or synthetic gas used for fuelas amended from time to time, and regulations promulgated thereunder; (c) any additional substances oil, petroleum products, and their by-products; and (d) any substance that is or materials which at such time are classified becomes regulated by any federal, state, or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leaselocal governmental authority.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Lease, Tenant shall not undertake (or permit any Environmental Activity Subsidiary to dispose of) or suffer or permit to exist any hazardous material or oil on any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall the Borrower store (as or permit any Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such term is hereinafter defined) Subsidiary, or transport or arrange the transport of, any hazardous material or oil (the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout The term "Hazardous Substances," as used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required in the use of which restricted, prohibited or penalized by any "Environmental Law," which term shall mean any federal, state, local law or ordinance relating to pollution or protection of the environment. Lessee hereby agrees that (1) No activity will be conducted on the premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities"), provided said Permitted Activities are conducted in accordance with all Environment Laws and Lessor has been notified in advance in writing by Lessee: (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials that are used in the ordinary course of Lessor's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor: (iii) no portion of the premises will be used as a landfill or a dump: (iv) Lessee will not install any underground tanks of any type: (v) Lessee will not allow any surface of subsurface conditions to exist or come into existence that constitute the constitute, or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought onto the premises, except for the Permitted Materials described above, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the term of this Leasethe lease, Tenant shall not undertake the premises are found to be so contaminated or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with subject to said conditions. Lessee agrees to indemnify and hold Lessor harmless from all applicable laws claims, demands, actions, liabilities, costs, expenses damages and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) obligations of any federal, state nature arising from or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours result of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews use of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"Lessee. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term of this Lease.

Hazardous Waste. Throughout the term Except as provided below, no Borrower will dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by such Borrower or any Subsidiary of Alkermes, nor shall not undertake any Borrower store (or permit any Environmental Activity such Subsidiary to store) on any site or vessel owned, occupied or operated by such Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms hazardous material, oil, site and vessel, respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). To the extent that a Borrower has knowledge of the following, each Borrower shall provide the Bank with written notice of (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present the intended storage or future, ordinary or extraordinary, foreseen or unforeseen) transport of any federalhazardous material or oil by such Borrower or any Subsidiary of Alkermes, state (ii) any known release or local governmental authority (hereinafter collectively referred to as "Legal Requirements")threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by such Borrower or any Subsidiary of Alkermes, and (iiiii) any incurrence of any expense or loss by any government or governmental authority in connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss such a manner as shall keep Borrower or any Subsidiary of Alkermes may be liable. Notwithstanding the premisesforegoing, the Building each Borrower and the Land free from any lien imposed pursuant to any Legal Requirement in respect Subsidiaries of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at Alkermes may use, store and transport, and need not notify the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours Bank of the release of any Hazardous Materials use, storage or transportation of, (as such term is hereinafter definedx) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, oil in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlordreasonable quantities, as are necessary, appropriate fuel for heating of their respective facilities or desirable to cure such breachfor vehicles or machinery THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"REDACTED MATERIAL IS BRACKETED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.16

Hazardous Waste. Throughout Tenant agrees that the term of this Lease, Tenant Premises shall not undertake be used for the discharge or permit storage of any Environmental Activity (Hazardous Substance as such term is hereinafter defined) other than (i) defined in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local statute, rule, regulations or ordinance. Tenant agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees, paralegal fees and legal assistants’ fees, costs of any settlement or judgement in claims of any and every kind, whatsoever paid, incurred or suffered by, or served against Landlord by any person or entity or governmental authority (hereinafter collectively referred to agency for, with respect to, or as "Legal Requirements")a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises, in connection with Tenant’s operations thereon, of any Hazardous Substance, including any such loss or liability arising under the Comprehensive Environmental Response, Compensation and Liability Act, and any similar federal, state or local laws or ordinances. If Tenant receives any notice of: (i) the happening of any material event involving the escape, seepage leakage, spillage, discharge, emission, release or clean up of any Hazardous Substance on the Premises in connection with Tenant’s operations thereon, or (ii) in such a manner as shall keep the premisesany complaint, the Building and the Land free order, citation, or material notice with regard to air emission, water discharge or any other environmental health or safety matter affecting Tenant (an “environmental complaint”) from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. person or entity, Tenant shall take immediately notify Landlord orally and in writing of said notice. Any breach of any warranty or representation contained in this paragraph shall be an event of default under the Lease, which, if not cured within thirty (30) days of notice thereof, shall entitle Landlord to exercise any and all necessary steps remedies provided in the Lease or otherwise provided by law; provided, however, Landlord agrees that if the remedy or such default cannot be reasonably achieved within said thirty (30) day period, then Tenant shall have such further time as is reasonable under the circumstances to ensure effect such remedy provided that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours the thirty (30) day curative period of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from necessity for additional time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and provides further that Tenant shall cooperate in the conduct of any institute immediate steps to effect such environmental audit, examination, test, inspection or review. If Tenant remedy and shall breach the covenants provided in this Article, then, in addition continuously and diligently pursue such remedy to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.completion

Hazardous Waste. Throughout Lessee hereby covenants and agrees that it shall not, during the term of this Lease, Tenant including any extension or renewal hereof, permanently place, cause to be placed, deposit or discharge any hazardous waste upon the demised premises, or upon any other portion of Lessor’s Bangor International Airport, and further expressly agrees that it shall not undertake or permit indemnify Lessor from any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rulescosts, orders expense or liability, of whatever kind or nature, incurred by the Lessor in detecting, evaluating, removing, treating, disposing of or otherwise responding to any hazardous waste placed or deposited in violation of this Article. Lessee hereby covenants and regulationsagrees that it shall not, present during the term of this Lease, including any extension or futurerenewal hereof, ordinary violate any local, state or extraordinaryFederal regulation, foreseen ordinance or unforeseen) statute pertaining to hazardous waste or hazardous material and further expressly agrees that it shall indemnify Lessor from any and all costs, expense or liability, of whatever kind or nature, incurred by the Lessor for any such violation. Such costs shall by deemed to include, without limitation, Xxxxxx’s costs of defending any suit filed by any person, entity, agency, or governmental authority; paying any fines imposed in settling any damage claims; complying with any order by a court of competent jurisdiction directing the Lessor to take remedial action with respect to such waste; and of all associated attorney’s fees and costs. For this purpose, the term "hazardous materials" shall mean every substance now or hereafter designated as a hazardous material or waste under any provision of State or Federal law, including, but not limited to, flammable explosives, radioactive materials, hazardous materials, hazardous waste, hazardous or toxic substances or matter, oil or other petroleum products, asbestos, chemical pollutants or materials in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sec. 801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 691, et seq.), applicable Maine statutes or any similar federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")law, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental auditregulations adopted and publications promulgated pursuant thereto, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified constituting a hazard, peril or considered threat to be hazardous the health of persons, animals, or toxic under plant life and used, placed, stored or disposed of upon the laws of the State of New York demised premises by Lessee, their contractors, customers, licensees, agents, servants or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"employees. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The Lessee’s obligations of Tenant under this Article shall be deemed to survive the expiration or sooner termination of the term of this Leaselease.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not --------------- dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other relevant jurisdiction). Except as such term is hereinafter defined) other than otherwise expressly provided below, the Borrower shall provide the Bank with written notice of (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present the storage or future, ordinary or extraordinary, foreseen or unforeseen) transport of any federalhazardous material or oil by the Borrower or any Subsidiary of the Borrower, state (ii) any release or local governmental authority (hereinafter collectively referred to as "Legal Requirements")known threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iiiii) any incurrence of any expense or loss by any government or governmental authority in such a manner as shall keep connection with the premisesassessment, containment or removal of any hazardous material or oil known to the Borrower for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Building Borrower and its Subsidiaries may use, store and transport and arrange for the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken transport or permitted at disposal of, and need not notify the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours Bank of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installationarrangement for transport, existencedisposal or transportation of, release(x) oil as fuel for their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, threatened releasecleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, dischargeas long as in each case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any governmental permits, generationlicenses and approvals necessary for such use, abatementstorage, removaltransportation, arranging for transport or disposal, handling complies with all requirements of federal, state and local law applicable to such use, storage, transportation, arrangement for transport or transportation fromdisposal, under, into or on the leased premises of (a) any "hazardous substance" as defined and in any federal statute, event disposes of such materials (bnot consumed in the ordinary course) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be only through licensed providers of hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout Borrower has furnished to Lender a Phase I Environmental Assessment dated December 22, 1998, prepared by AAS Environmental, Inc. and an Environmental Questionnaire dated January 12, 1999 (collectively, the term of this Lease"Report"). Except as disclosed to Lender in the Report, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) Borrower has received no notification of any federalkind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, state or local governmental authority (hereinafter collectively referred except as previously disclosed to Lender in writing, to the best of its knowledge as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of date hereof after due and diligent inquiry, there are no hazardous waste or materials located in, on or under the Property or any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actionsadjacent property, or to reimburse Landlord incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution or disposal facility for the costs of any and all actions taken by Landlord, as are necessary, appropriate hazardous waste or desirable to cure such breachmaterials. for purposes of this ArticleAs used herein, the term "Environmental Activityhazardous waste or materials" means includes any substance or material defined in or designated as hazardous or toxic wastes, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state, or local statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, installationcontrol, existenceremoval or cleanup of hazardous waste or materials in, releaseon or under the Property or any adjacent property, threatened releaseor incorporated in any improvements, dischargeat Borrower's expense. In the event that Lender at any time believes that the Property is not free of all hazardous waste or materials or that Borrower has violated any applicable environmental law with respect to the Property, generationthen immediately upon request by Lender, abatementBorrower shall obtain and furnish to Lender, removalat Borrower's sole cost and expense, disposalan environmental audit and inspection of the Property from an expert satisfactory to Lender. In the event that Borrower fails to immediately obtain such audit or inspection, handling Lender or transportation fromits agents may perform or obtain such audit or inspection at Borrower's sole cost and expense. Lender may, underbut is not obligated to, into enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Property; and whether or not Borrower has actual knowledge of the existence of hazardous waste or materials on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil Property or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws adjacent property as of the State date hereof, Borrower shall reimburse Lender as provided in SECTION 23 below for the full amount of New York all costs and expenses incurred by Lender prior to Lender acquiring title to the Property through foreclosure or acceptance of a deed in lieu of foreclosure, in connection with such compliance activities. Neither this provision nor any of the other Legal Requirements Loan Documents shall operate to put Lender in the materials described in clauses (a) through (c) being collectively referred position of an owner of the Property prior to as "Hazardous Materials"any acquisition of the Property by Lender. The provisions rights granted to Lender herein and in other Loan Documents are granted solely for the protection of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.Lender's lien and security interest covering the

Hazardous Waste. Throughout Except as provided below, the term Borrower will not --------------- dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout Sublessee has provided Sublessor with its MSDS information. All Sublessee's chemicals shall be stored on site. Sublessor has reviewed and approved the term use of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) these materials in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect . The use of such Environmental Activitymaterials and any other hazardous materials or substances shall be subject to the prior written consent of Master Lessor. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken Sublessor makes no representation or permitted at warranty regarding the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours physical condition of the release of any Hazardous Materials (Premises, which Sublessee agrees it is subleasing in its existing condition, "as such term is hereinafter defined) is" except for the TRANE HVACC unit see Paragraph 18. Sublessee shall indemnify, defend with counsel reasonably acceptable to Sublessor and hold Sublessor harmless from or at the premises which could form the basis of and against any claim, demand remediation obligation, investigation obligation, liability, cause of action, penalty, attorneys' fees, consultant's costs, expense of damage owing or action by any party. Landlord shall have the right, from time alleged to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition be owing with respect to any other rights hazardous materials or substances present on or about the Premises or the soil, groundwater or surface water thereof which are caused by Sublessee, its employees, agents, contractors or invitees. Sublessee's representations, warranties and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant indemnification under this Article Sublease shall survive the expiration or sooner earlier termination of this Sublease. Sublessor shall indemnify, defend with counsel reasonably acceptable to Sublessee and hold Sublessee harmless from and against any claim, remediation obligation, investigation obligation, liability, cause of action, penalty, attorneys' fees, counsultant's costs, expense of damage owing or alleged to be owing with respect to any hazardous materials or substances present on or about the term Premises or the soil, groundwater or surface water thereof which are caused by Sublessor, its employees, agents, contractors or invitees. Sublessor's representations, warranties and indemnification under this Sublease shall survive the expiration or earlier termination of this LeaseSublease. Sublessor has provided Sublessee with its MSDS information. All Sublessor's chemicals shall be stored within their space. Sublessee shall have the exclusive use of both Hazardous Material Sheds as identified in Exhibit A. Sublessee and Sublessor are aware there is existing ground water contamination in the vicinity.

Hazardous Waste. Throughout the term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "“Legal Requirements"”), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's ’s expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "“Environmental Activity" ” means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "“hazardous substance" ” as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "“Hazardous Materials"”. The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.

Hazardous Waste. Throughout Licensee covenants and agrees that Licensee will not store, use, or dispose of any substances, pollutants, or other contaminants on or about the term Premises or Building which would be deemed or determined to be a "hazardous substance" or "hazardous waste" under any federal, state or local statute, law, ordinance or regulation now or hereafter in effect. Licensee further agrees to indemnify and hold Licensor harmless from and against all claims, costs, and liabilities, including but not limited to attorneys' fees and costs of this Leaselitigation, Tenant shall not undertake incurred as a result of a release or permit any Environmental Activity (as such term is hereinafter defined) other than threatened release (i) by Licensee, or (ii) resulting from any action or inaction by Licensee, or (iii) arising from Licensee's use and occupancy of the Premises or the Building of hazardous substances, pollutants, or other contaminants at the Premises or Building which could be deemed or determined to be a "hazardous substance" or "hazardous waste" under any federal, state or local statute, law, ordinance or regulation now or hereafter in compliance effect. The foregoing indemnification of Licensor by Licensee includes, without limitation, all costs incurred by or imposed upon Licensor in connection with all applicable laws any judgments, damages, penalties, fines, liabilities or losses (including, without limitation, diminution in value of the Premises or the Building, damages for the loss or restriction on use of any space or of any amenity in or around the Building in which the Premises are located, damages arising from any adverse impact on marketing of space, and ordinances sums paid in settlement of claims, attorneys' fees, consultant fees and all rulesexpert fees) or in connection with the investigation of site conditions or any clean-up, orders and regulations, present or future, ordinary remedial removal or extraordinary, foreseen or unforeseen) of restoration work required by any federal, state or local governmental authority (hereinafter collectively referred agency or political hazardous substance in the Premises or the Building caused or permitted by Licensee or for which Licensee is legally liable. Licensee further agrees to as "Legal Requirements")maintain insurance to cover such claims, costs, and (ii) liabilities, in such amounts and with coverages and insurance carriers satisfactory to Licensor, in Licensor's reasonable judgment. Licensee's obligations under this Paragraph will survive the termination or early expiration of this Agreement. Any default under this Paragraph 16 shall be a manner as shall keep the premises, the Building and the Land free from material default enabling Licensor to exercise any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided remedies set forth in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this ArticleAgreement. The obligations of Tenant under Licensee contained in this Article Paragraph shall survive the expiration or sooner termination of the term of this LeaseAgreement.

Hazardous Waste. Throughout The term "Substances", as used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use, storage, handling, disposal, transportation or removal of which is regulated, restricted, prohibited or penalized by any "Environmental Law", which term of this Lease, Tenant shall not undertake or permit any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority (hereinafter collectively referred relating to as "Legal Requirements"), and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken pollution or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours protection of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claimenvironment and shall specifically include, demand or action by any party. Landlord shall have the rightbut not be limited to, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as that term is defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and any amendments or successors in function thereto. Tenant hereby agrees that (1) no activity will be conducted on the premises that will produce any Substance, except for such activities that are part of the ordinary course for Tenant's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord, Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (2) the premises will not be used in any federal statutemanner for the storage of any Substances except for the temporary storage of such materials that are used in the ordinary course of Tenant's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance, in writing, by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (b3) petroleumno portion of the premises will be used as a landfill or a dump; (4) Tenant will not install any underground tanks of any type; (5) Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, crude oil or with the passage of time may constitute a public or private nuisance; (6) Tenant will not permit any fraction thereofSubstances to be brought onto the premises, natural gas except for the Permitted Materials described below or synthetic gas used for fuelupon written permission from Landlord, and (c) if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Prior to any additional substances substance being brought upon or materials which at into the Lease premises, whether with Landlord's written permission or not, Tenant will provide to Landlord any applicable material safety data sheets regarding said Substance as well as a written description of the amount of such time are classified or considered substance to be hazardous brought upon or toxic under into the laws leased premises and the common and recognized chemical name of such Substance. Landlord or Landlord's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Landlord's sole opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within twenty-four (24) hours, Landlord shall have the right to perform such work and Tenant shall promptly reimburse Landlord for any and all costs associated with said work. If at any time during or after the term of the State lease, the premises is found to be so contaminated or subject to said conditions, Tenant shall diligently institute proper and thorough cleanup procedures at Tenant's sole cost, and Tenant agrees to indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages, fines, reimbursement, restitution, response costs, cleanup costs, and obligations (including investigative responses and attorney's fees) of New York any nature arising from or any other Legal Requirements as a result of the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials"use of the premises by Tenant. The provisions foregoing indemnification of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations responsibilities of Tenant under this Article shall survive the termination or expiration or sooner termination of the term of this Lease.. Permitted Materials: None February 13, 1997 Xx. Xxxxxx Xxxxxx Tekgraf, Inc. 0000 Xxxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00000 Re: First Amendment to Lease Dear Martyn:

Hazardous Waste. Throughout Tenant agrees that the term of this Lease, Tenant Premises shall not undertake be used for the discharge or permit storage of any Environmental Activity (Hazardous Substance as such term is hereinafter defined) other than (i) defined in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")statute, rule, regulation or ordinance, except for usage of standard office and cleaning solutions, solvents and materials, and for usage of Hazardous Substances pursuant to development, manufacture or testing of Tenant's products or components thereof, and except for storage of inventory, parts and works-in progress produced or held in the development, manufacture or testing of Tenant's products, and that all such usage, storage and disposal of Hazardous Substances shall be in compliance with all Governmental Requirements. Tenant agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, paralegals, fees and legal assistants' fees, costs of any settlement or judgment in claims of any and every kind, whatsoever paid, incurred or suffered by, or served against Landlord by any person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises, in connection with Tenant's operations thereon, of any Hazardous Substance, including any such loss or liability arising under the Comprehensive Environmental Response, Compensation and Liability Act, and any similar federal, state or local laws or ordinances. If Tenant receives any notice of: (i) the happening of any material event involving the escape, seepage, leakage, spillage, discharge, emission, release or clean up of any Hazardous Substance on the Premises in connection with Tenant's operations thereon, or (ii) in such a manner as shall keep the premisesany complaint, the Building and the Land free order, citation, or material notice with regard to air emission, water discharge or any other environmental health or safety matter affecting Tenant (an "environmental complaint") from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. person or entity, Tenant shall take immediately notify Landlord orally and in writing of said notice. Any breach of any warranty or representation contained in this Section 32 shall be an event of default under the Lease, which, if not cured within thirty (30) days of notice thereof, shall entitle Landlord to exercise any and all necessary steps remedies provided in the Lease or otherwise provided by law; provided, however, Landlord agrees that if the remedy or such default cannot be reasonably achieved within said thirty (30) day period, then Tenant shall have such further time as is reasonable under the circumstances to ensure effect such remedy provided that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours the thirty (30) day curative period of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from necessity for additional time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and provided further that Tenant shall cooperate in the conduct of any institute immediate steps to effect such environmental audit, examination, test, inspection or review. If Tenant remedy and shall breach the covenants provided in this Article, then, in addition continuously and diligently pursue such remedy to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasecompletion.

Hazardous Waste. Throughout Tenant agrees that the term of this Lease, Tenant Premises shall not undertake be used for --------------- the discharge or permit storage of any Environmental Activity (Hazardous Substance as such term is hereinafter defined) other than (i) defined in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local statute, rule, regulation or ordinance. Tenant agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, paralegals' fees and legal assistants' fees, costs of any settlement or judgment in claims of any and every kind, whatsoever paid, incurred or suffered by, or served against Landlord by any person or entity or governmental authority (hereinafter collectively referred to agency for, with respect to, or as "Legal Requirements")a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises, in connection with Tenant's operations thereon, of any Hazardous Substance, including any such loss or liability arising under the Comprehensive Environmental Response, Compensation and Liability Act, and any similar federal, state or local laws or ordinances. If Tenant receives any notice of: (i) the happening of any material event involving the escape, seepage, leakage, spillage, discharge, emission, release or clean up of any Hazardous Substance on the Premises in connection with Tenant's operations thereon, or (ii) in such a manner as shall keep the premisesany complaint, the Building and the Land free order, citation, or material notice with regard to air emission, water discharge or any other environmental health or safety matter affecting Tenant (an "environmental complaint") from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. person or entity, Tenant shall take immediately notify Landlord orally and in writing of said notice. Any breach of any warranty or representation contained in this paragraph shall be an event of default under the Lease, which, if not cured within thirty (30) days of notice thereof, shall entitle Landlord to exercise any and all necessary steps remedies provided in the Lease or otherwise provided by law; provided, however, Landlord agrees that if the remedy or such default cannot be reasonably achieved within said thirty (30) day period, then Tenant shall have such further time as is reasonable under the circumstances to ensure effect such remedy provided that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours the thirty (30) day curative period of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from necessity for additional time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and provided further that Tenant shall cooperate in the conduct of any institute immediate steps to effect such environmental audit, examination, test, inspection or review. If Tenant remedy and shall breach the covenants provided in this Article, then, in addition continuously and diligently pursue such remedy to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasecompletion.

Hazardous Waste. Throughout 2.4.1 Borrower at all times shall keep the term Property and ground water of this Leasethe Property free of Hazardous Materials (as defined below), Tenant excluding any milling operation hazardous material. The Idaho Department of Environmental Quality and the Environmental Protection Agency shall govern any Hazardous Waste created by the milling operation and Borrower shall comply with their direction and requirements. Borrower shall not undertake and shall not knowingly permit its tenants or permit any Environmental Activity (as such term is hereinafter defined) other than (i) third party requiring the consent of Borrower to enter the Property, to use, generate, manufacture, treat, store, release, threaten release, or dispose of Hazardous Materials in, on, or about the Property or the ground water of the Property in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) violation of any federal, state regional, state, or local law, decision, statute, rule, ordinance or regulation currently in existence or hereinafter enacted or rendered (collectively the “Hazardous Waste Laws”). Borrower shall give Lender prompt written notice of any claim by any person, entity, or governmental authority (hereinafter collectively referred to as "Legal Requirements")agency that a significant release or disposal of Hazardous Materials has occurred in, on, or under the Property in excess of legal limits. Borrower, through its professional engineers and (ii) in such a manner as at its cost, shall keep the premises, the Building promptly and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours thoroughly investigate suspected Hazardous Materials contamination of the release of Property. Borrower shall forthwith remove, repair, clean up, and/or detoxify any Hazardous Materials (as such term is hereinafter defined) from found on the Property or at in the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews ground water of the premises Property if such actions are required by Hazardous Waste Laws, and whether or not Borrower was responsible for the existence of the Hazardous Materials in, on or about the Property or the ground water of the Property. Hazardous Materials shall include but not be limited to substances defined as Landlord“hazardous substances,” “hazardous materials,” or “toxic substances” in The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, by the Superfund Amendments and Reauthorization Act of 1986, The Hazardous Materials Transportation Act of 1994, The Resource Conservation and Recovery Act of 1976, as amended by The Used Oils Recycling Act of 0000, Xxx Xxxxx Xxxxx Xxxxxxxx Xxx amendment of 1984, The Toxic Substances Control Act, The Clean Air Act, The Clean Water Act, Idaho Environmental Protection and Health Act (Idaho Code §§ 39-101 to 39-130), Idaho Radiation and Nuclear Material Act (Idaho Code §§ 39-3001 to 39-3030), Idaho Water Quality Act (Idaho Code §§ 39-3601 to 39-3639), Idaho Hazardous Waste Management Act (Idaho Code §§ 39-4401 to 39-4432), Idaho Hazardous Substance Emergency Response Act (Idaho Code §§ 39-7101 to 39-7115), Idaho Petroleum Clean Water Trust Fund Act (Idaho Code §§ 41-4901 to 41-4948), Idaho Land Reclamation Act (Idaho Code §§ 39-7201 to 39-7210), Idaho Solid Waste Facilities Act (Idaho Code §§ 39-7401 to 39-7420), Idaho Sale and Disposal of Batteries Act (Idaho Code §§ 39-7001 to 39-7004), Idaho PCB Waste Disposal Act (Idaho Code §§ 39-6201 to 39-6216) or in its sole discretionany other Hazardous Waste Laws. Hazardous materials shall not include small quantities of paints, shall deem necessarysolvents, appropriate lubricants or desirable and Tenant shall cooperate cleaning materials used in the conduct of any such environmental audit, examination, test, inspection maintenance or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws operation of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this LeaseProperty.

Hazardous Waste. Throughout The term "Hazardous Substances", as used in this Lease shall mean pollutants, contaminants, toxic or hazardous materials or wastes, petroleum products or any other substances, the term removal of this Leasewhich is required or the use of which is restricted prohibited or penalized by any "Environmental Law", Tenant which terms shall not undertake or permit mean any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local laws including statutes, regulations, ordinances, codes, rules and other governmental authority restrictions and requirements relating to the environment, hazardous substances, or petroleum products including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource Conservation and Recovery fact of 1976, the Federal Comprehensive Environmental Responsibility, Cleanup and Liability Act of 1980, regulations of the Environmental Protection Agency, regulations of the nuclear Regulatory Agency, regulations or laws administered by OSHA and regulations of any state department of natural resources or state environmental protection agency now or at any time hereinafter in effect. Tenant hereby agrees that (hereinafter collectively referred i) no activity will be conducted BY TENANT on the Premises that shall produce any Hazardous Substance, except for such activities that are part of the ordinary course of Tenant's business (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws, are fully and completely disclosed to as "Legal Requirements")Landlord, and are expressly approved in advance in writing by Landlord; (ii) the Premises shall not be used BY TENANT in any manner for the storage of HAZARDOUS SUBSTANCES, EXCEPT FOR those Hazardous Substances, except for such storage that is in the ordinary course of Tenant's business in amounts appropriate for such use (the "Permitted Material") UNLESS-such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws, are fully and completely disclosed to Landlord, and are expressly approved in advance in writing by Landlord; (iii) no portion of the Premises shall be used BY TENANT as a landfill or a dump; (iv) Tenant shall keep not install any underground tanks of any type; (v) Tenant shall not CAUSE-any surface or subsurface conditions to exist or come into existence that constitute, or with the premisespassage of time may constitute, a public or private nuisance; (vi) Tenant shall not permit any Hazardous Substances to be brought onto the Premises IN CONNECTION WITH TENANT'S BUSINESS, except for the Permitted Materials, and if so brought or found located thereon, the Building same shall be immediately removed, with proper disposal, and the Land free from any lien imposed all required removal and cleanup procedures (AS REQUIRED BY LAW IN THE EVENT OF A RELEASE OF SUCH HAZARDOUS SUBSTANCES SUBJECT TO SUCH REMOVAL) shall be diligently undertaken pursuant to any Legal Requirement in respect of such all Environmental ActivityLaws. IINSTER 1.) ATTACHED AS EXHIBIT C HERETO AND INCORPORATED XXXXX BY THIS REFERENCE IS A LIST OF PERMITTED MATERIALS WHICH TENANT EXPECTS TO USE AT THE PREMISES, AND SUCH LIST ANDD ALL REASONABLE SUBSTITUTES ARE HEREBY DEEMED APPROVED IN ADVANCE BY LANDLORD. Tenant shall take all necessary steps immediately give Landlord written notice as soon as Tenent becomes aware of any suspected breach of this Paragraph, or any condition or circumstance which makes the WITH THE PREMISES, or which seeks criminal or punitive penalties from Tenant for an alleged violation of Environmental Laws, or otherwise pertaining to ensure that any Environmental Activity undertaken or permitted Hazardous Substances which may affect the Premises, together with a copy thereof. In the event TENANT CAUSES ANY RELEASE OF ANY HAZARDOUS SUBSTANCES WITHIN THE PREMISES, Tenant agrees, at the premises request of Landlord, to permit an environmental audit, to be conducted by the Landlord or an independent agent selected by the Landlord TO BE CONDUCTED UPON FORTY-EIGHT (48) HOURS ADVANCE NOTICE AT A REASONABLE TIME AND IN A MANNER WHICH SHALL NOT BE UNREASONABLY DISRUPTIVE TO TENANT'S USE OF THE PREMISES. This provision shall not relieve the Tenant from conducting its own environmental audits or taking any other steps necessary to comply with Environmental Laws. Landlord, in the event it is undertaken in named as a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claimparty, demand or action by any party. Landlord shall have the right, from time but not the obligation, to timejoin and participate in any legal proceedings or actions initiated in connection with any matters related to Environmental Laws and to have its attorneys' fees in connection therewith paid by Tenant. Tenant shall, at TenantLandlord's expenserequest, to conduct an environmental audit defend all suits, actions or such other examinations, tests, inspections and reviews of the premises as proceedings commenced against Landlord with counsel approved by Landlord, in its Landlord's sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in pay all costs and judgments associated therewith. Tenant shall indemnify, defend and hold Landlord, and any property manager of the conduct Premises, their directors, officers, employees, agents, successors and assigns (THE "LANDLORD INDEMNITIES"), harmless from and against all claims, demands, actions, losses, liabilities, costs, expenses, damages and obligations of any such environmental auditnature (including, examinationwithout limitation, testdiminution in value of the Premises; all consequential damages; the cost of any required or necessary repair, inspection cleanup or review. If Tenant shall breach detoxification of the covenants provided Premises; the preparation and implementation of any closure, remedial or other required plans; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises; damages arising from any adverse impact on marketing of space; damages to adjacent property; costs of restoring the Premises, and sums paid in this Articlesettlement of claims, thenattorneys' fees, in addition to any other rights court costs, consultant fees, and remedies which may be available to landlord pursuant to this Lease expert fees, COLLECTIVELY "LIABILITIES") incurred by or otherwise at lawasserted against Landlord and directly or indirectly as a result of, Landlord may require Tenant to take all actionsarising from, connected with, or attributable to reimburse Landlord for TENANT'S, or the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any usegeneration, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling removal or transportation from, under, into presence of any Hazardous Substances BROUGHT ONTO THE PREMISES BY TENANT OR ITS CONTRACTOR,. or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable relating to any failure by Tenant to comply activity, act or omission BY TENANT OR ITS CONTRACTORS involving Hazardous Substance, or TENANT'S noncompliance with or keep or perform the provisions of this Articleany Environmental Law, PROVIDED THAT THE FOREGOING INDEMNITY DEFENSE AND HOLD HARMLESS OBLIGATIONSOF TENANT SHALL NOT APPLY TO THE EXTENT ANY SUCH LIABILITIES ARE CAUSED, OR CONTRIBUTED TO BY ANY OF THE LANDLROD INDEMNITIES OR THEIR CONTRACTORS. (INSERT 2) LANDLORD SHALL INDEMNIFY, DEFEND AND HOLD TENANT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "TENANT INDEMNITIES"), HARMLESS FROM AND AGAINST ALL LIABILITIES INCURRED OR ASSERTED AGAINST TENANT AND DIRECTLY OR INDIRECTLY AS A RESULT OF, ARISING FROM, CONNECTED WITH, OR ATTRIBUTABLE TO (I) THE GENERATION, INSTALLATION, STORAGE, RELEASE, THREATENED RELEASE, DISCHARGE, DISPOSAL, OR REMOVAL FO ANY HAZARDOUS SUBSTANCES BY A LANDLORD INDEMNITEE OR THEIR CONTRACTORS, OR (II) ANY ACTIVITY, ACT OR OMISSION INVOLVING HAZARDOUS SUBSTANCES, OR ANY NONCOMPLIANCE WITH ANY ENVIRONMENTAL LAW, BY A LANDLORD INDEMNITEE OR THEIR CONTRACTORS, The obligations of Tenant under this Article foregoing indemnification shall survive the termination or expiration or sooner termination of the term Lease. Notwithstanding anything to the contrary contained in this Lease, any default under the terms of this Paragraph shall be a material default under this Lease enabling Landlord, at Landlord's option, to immediately exercise any of the remedies set forth in this Lease, in addition to any other remedies available to Landlord, without notice to Tenant and without obligation to provide any grace or cure period to Tenant. Notwithstanding anything to the contrary contained herein, Landlord's approval of any activity or storage relating to any Hazardous Substance is not intended to, and shall not, be deemed an undertaking by Landlord to determine whether or not such activity or storage is in compliance with Environmental Laws and Landlord assumes no responsibility with respect thereto.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not --------------- dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, Ch. 21E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil and other combustible materials in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safety procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release disposes of any Hazardous Materials hazardous wastes (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout Except as provided below, the term Borrower will not dispose of this Leaseor suffer or permit to exist any hazardous material or oil on any site or vessel owned, Tenant occupied or operated by the Borrower or any Subsidiary of the Borrower, nor shall not undertake the Borrower store (or permit any Environmental Activity Subsidiary to store) on any site or vessel owned, occupied or operated by the Borrower or any such Subsidiary, or transport or arrange the transport of, any hazardous material or oil (as such term is hereinafter defined) the terms "hazardous material", "oil", "site" and "vessel", respectively, being used herein with the meanings given those terms in Mass. Gen. Laws, 21 E or any comparable terms in any comparable statute in effect in any other than relevant jurisdiction). The Borrower shall provide the Bank with written notice of (i) the intended storage or transport of any hazardous material or oil by the Borrower or any Subsidiary of the Borrower, (ii) any potential or known release or threat of release of any hazardous material or oil at or from any site or vessel owned, occupied or operated by the Borrower or any Subsidiary of the Borrower, and (iii) any incurrence of any expense or loss by any government or governmental authority in compliance connection with the assessment, containment or removal of any hazardous material or oil for which expense or loss the Borrower or any Subsidiary of the Borrower may be liable. Notwithstanding the foregoing, the Borrower and its Subsidiaries may use, store and transport, and need not notify the Bank of the use, storage or transportation of, (x) oil in reasonable quantities, as fuel for heating of their respective facilities or for vehicles or machinery used in the ordinary course of their respective businesses and (y) hazardous materials that are solvents, cleaning agents or other materials used in the ordinary course of the respective business operations of the Borrower and its Subsidiaries, in reasonable quantities, as long as in any case the Borrower or the Subsidiary concerned (as the case may be) has obtained and maintains in effect any necessary governmental permits, licenses and approvals, complies with all requirements of applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state and local law relating to such use, storage or local governmental authority transportation, follows the protective and safe procedures that a prudent businessperson conducting a business the same as or similar to that of the Borrower or such Subsidiary (hereinafter collectively referred to as "Legal Requirements")the case may be) would follow, and (ii) in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect disposes of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate not consumed in the conduct ordinary course) only through licensed providers of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasewaste removal services.

Hazardous Waste. Throughout the The term of "HAZARDOUS SUBSTANCES," as used in this LeaseLease shall mean pollutants, Tenant shall not undertake contaminants, toxic or permit hazardous wastes, or any Environmental Activity (as such term is hereinafter defined) other than (i) in compliance with all applicable laws and ordinances and all rules, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements"), and (ii) in such a manner as shall keep the premisessubstances, the Building and removal of which is required or the Land free from use of which is restricted, prohibited or penalized by any lien imposed pursuant "ENVIRONMENTAL LAW," which term shall mean any Law relating to any Legal Requirement in respect health, pollution or protection of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours hereby agrees that (a) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the release ordinary course of Tenant's business activities (the "PERMITTED ACTIVITIES") provided such Permitted Activities are conducted in accordance with all Environmental Laws; (b) the Premises will not be used in any manner for the storage of any Hazardous Substances except for any temporary storage of such materials that are used in the ordinary course of Tenant's business (the "PERMITTED MATERIALS") provided such Permitted Materials are properly stored in a manner and location satisfying all Environmental Laws; (c) no portion of the Premises will be used as a landfill or a dump; (d) Tenant will not install any underground tanks of any type; and (e) no Tenant Party will bring or knowingly permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought thereon, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Term, the Premises are found to be so contaminated or subject to any such term is hereinafter defined) condition that were not shown to be present in inspections conducted at or before Closing, Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Premises by Tenant. Tenant will maintain on the Premises a list of all materials stored at the premises Premises for which could form a materials safety data sheet (an "MSDS") was issued by the basis producers or manufacturers thereof, together with copies of any claimthe MSDS for such materials, demand or action by any partyand shall deliver such list and MSDS copies to Landlord upon Landlord's request therefor. Tenant shall remove all Permitted Materials from the Premises in a manner acceptable to Landlord shall have before Tenant's right to possess the rightPremises is terminated. If Landlord determines in good faith that it is likely that there are environmental problems at the Premises, Landlord must notify Tenant of such fact and arrange with Tenant for a time at which Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize, to the extent reasonably possible, the interference with Tenant's business. Such inspections and tests shall be conducted at TenantLandlord's expense, unless they reveal (1) the presence of Hazardous Substances (other than Permitted Materials) which were not shown to conduct an environmental audit be present in inspections conducted at the time of Closing or such (2) Tenant or any other examinations, tests, inspections and reviews of Tenant Party has not complied with the premises as Landlordrequirements set forth in this Section 25, in its sole discretion, shall deem necessary, appropriate or desirable and which case Tenant shall cooperate in the conduct of any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs of any and all actions taken by tie reasonable cost thereof within ten days after Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease's request there for.

Hazardous Waste. Throughout the term of this Lease, 36.1 Tenant shall not undertake transport, use, store, maintain, generate, manufacture, handle, dispose, release, or discharge any “Hazardous Material” (as defined below) upon or about the Property, or permit any Environmental Activity Tenant’s employees, agents, independent contractors and other occupants of the Premises to engage in such activities upon or about the Property except in compliance with applicable law. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such term is hereinafter definedpermitted use of the Premises, in accordance with applicable law, (b) other than (i) such substances shall not be disposed of, released or discharged on the Property except in compliance with all applicable laws laws, (c) if any applicable law requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant’s expense for such disposal, and ordinances (d) any remaining such substances shall be removed from the Property upon expiration or earlier termination of this Lease to the extent required by applicable law. Tenant shall promptly notify Landlord of: (i) any enforcement, cleanup or other regulatory action taken or threatened by any governmental or regulatory authority with respect to the presence of any Hazardous Material on the Premises or the migration thereof from or to other property, (ii) any demand or claims made or threatened by any party against Tenant or the Premises relating to any loss or injury resulting from the release of any Hazardous Material, (iii) any release, discharge or disposal or transportation of any Hazardous Material on or from the Premises in violation of applicable law, and all rules(iv) any matters where Tenant is required by law to give a notice to any governmental or regulatory authority respecting any Hazardous Material on the Premises. Landlord shall have the right (but not the obligation) to join and participate as a party in legal proceedings or actions affecting the Premises initiated in connection with any environmental, orders health or safety law. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then used, stored, or maintained upon the Premises, the use and regulationsapproximate quantity of each such material, present a copy of any material safety data sheet (“MSDS”) issued by the manufacturer therefore, written information concerning the removal, transportation and disposal of the same, and such other information as Landlord may reasonably require or futureas may be required by law. The term “Hazardous Material” for purposed hereof shall mean any chemical, ordinary substance, material or extraordinary, foreseen waste or unforeseen) of component thereof as defined by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")governing body having jurisdiction over the Property, and (ii) in such a manner as shall keep the premises, the Building and the Land free from or which would trigger any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken employee or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action community “right-to-know” requirements adopted by any party. Landlord shall have the rightsuch body, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of for which any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to body has adopted any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord requirements for the costs preparation or distribution of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasean MSDS.

Hazardous Waste. Throughout Borrower has furnished to Lender a Phase I Environmental Site Assessment dated September 9, 2002, prepared by Environmental Resources Management (the "Report"). Except as disclosed to Lender in the Report, Borrower has received no notification of any kind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, except as previously disclosed to Lender in the Report, to the best of its knowledge as of the date hereof, there are no hazardous waste or materials located in, on or under the Property or any adjacent property, or incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution or disposal facility for hazardous waste or materials. As used herein, the term of this Lease"hazardous waste or materials" includes any substance or material defined in or designated as hazardous or toxic wastes, Tenant shall not undertake hazardous or permit any Environmental Activity (as such term is hereinafter defined) toxic material, a hazardous, toxic or radioactive substance, or other than (i) in compliance with all applicable laws and ordinances and all rulessimilar term, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of by any federal, state or local statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statutes, regulations and ordinances, and with all orders, decrees or judgments of governmental authority authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Property, or incorporated in any Improvements, at Borrower's expense. Except as disclosed to Lender in the Report, in the event that Lender at any time believes that the Property is not free of all hazardous waste or materials or that Borrower has violated any applicable environmental law with respect to the Property, then immediately, upon request by Lender, Borrower shall obtain and furnish to Lender, at Borrower's sole cost and expense, an environmental audit and inspection of the Property from an expert satisfactory to Lender. In the event that Borrower fails to obtain such audit or inspection, Lender or its agents (hereinafter collectively referred to as "Legal Requirements")i) may perform or obtain such audit or inspection at Borrower's sole cost and expense, and (ii) may, but is not obligated to, enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Property; and whether or not Borrower has actual knowledge of the existence of hazardous waste or materials on the Property or any adjacent property as of the date hereof, Borrower shall reimburse Lender as provided in Section 23 below for the full amount of all costs and expenses incurred by Lender prior to Lender acquiring title to the Property through foreclosure or acceptance of a deed in lieu of foreclosure, in connection with such a manner as compliance activities. Neither this provision nor any of the other Loan Documents shall keep operate to put Lender in the premises, position of an owner of the Building and the Land free from any lien imposed pursuant Property prior to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours acquisition of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action Property by any partyLender. Landlord shall have the right, from time The rights granted to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections Lender herein and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct other Loan Documents are granted solely for the protection of any such environmental auditLender's lien and security interest covering the Property, examination, test, inspection or review. If Tenant shall breach and do not grant to Lender the covenants provided in this Article, then, in addition right to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all control Borrower's actions, decisions or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate policies regarding hazardous waste or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasematerials.

Hazardous Waste. Throughout the term of this Lease, 37.1 Tenant shall not undertake transport, use, store, maintain, generate, manufacture, handle, dispose, release, or discharge any “Hazardous Material” (as defined below) upon or about the Property, or permit any Environmental Activity Tenant’s employees, agents, independent contractors and other occupants of the Premises to engage in such activities upon or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises), provided that (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such term is hereinafter definedpermitted use of the Premises, strictly in accordance with applicable law and the manufacturers’ instructions therefore, (b) other than (i) such substances shall not be disposed of, released or discharged on the Property, and shall be transported to and from the Premises in compliance with all applicable laws laws, and ordinances as Landlord shall reasonably require, (c) if any applicable law requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant’s expense for such disposal directly with a qualified and all ruleslicensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord, orders in Landlord’s reasonable discretion), and regulationsshall ensure that disposal occurs frequently enough to prevent unnecessary storage of such substances in the Premises, present and (d) any remaining such substances deposited by Tenant shall be completely, properly and lawfully removed from the Property upon expiration or futureearlier termination of this Lease. Promptly after becoming aware thereof, ordinary Tenant shall notify Landlord of: (i) any enforcement, cleanup or extraordinaryother regulatory action taken or threatened by any governmental or regulatory authority with respect to the presence of any Hazardous Material on the Premises by Tenant or the migration thereof from or to other property, foreseen (ii) any demand or unforeseenclaims made or threatened by any party against Tenant or the Premises due to Tenant and relating to any loss or injury resulting from any Hazardous Material deposited by Tenant, (iii) any release, discharge or non-routine, improper or lawful disposal or transportation of any Hazardous Material by Tenant on or from the Premises, and (iv) any matters where Tenant is required by law to give a notice to any governmental or regulatory authority respecting any Hazardous Material on the Premises due to Tenant. Landlord shall have the right (but not the obligation) to join and participate as a party in legal proceedings or actions affecting the Premises initiated in connection with any environmental, health or safety law. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then used, stored, or maintained upon the Premises by Tenant, the use and approximate quantity of each such material, a copy of any material safety data sheet (“MSDS”) issued by the manufacturer therefore, written information concerning the removal, transportation and disposal of the same, and such other information as Landlord may reasonably require or as may be required by law. The term “Hazardous Material” for purposed hereof shall mean any chemical, substance, material or waste or component thereof as defined by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")governing body having jurisdiction over the Property, and (ii) in such a manner as shall keep the premises, the Building and the Land free from or which would trigger any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken employee or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action community “right-to-know” requirements adopted by any party. Landlord shall have the rightsuch body, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct of for which any such environmental audit, examination, test, inspection or review. If Tenant shall breach the covenants provided in this Article, then, in addition to body has adopted any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord requirements for the costs preparation or distribution of any and all actions taken by Landlord, as are necessary, appropriate or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasean MSDS.

Hazardous Waste. Throughout the term of this Lease, The Tenant shall not undertake cause or permit any Environmental Activity (as hazardous substance(s) to be used, stored, generated or disposed of on or in the Premises, without first obtaining the Owner's written consent. Notwithstanding the Owner's consent, if any hazardous substance(s) is used, stored, generated or disposed of on or in the Premises by the Tenant, such term is hereinafter defined) other than (i) usage, storage, generation and disposal shall, in compliance all respects, be in strict accordance with all applicable laws federal, state and local laws, statutes, ordinances and regulations (hereafter "Laws"). If the Premises become contaminated in any manner for which the Tenant is liable, the Tenant shall indemnify, defend, save and hold the Owner harmless from any and all rulesclaims, orders damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the Premises, damages caused by loss or restriction of rentable or usable space within the Premises, or any damages caused by adverse impact on marketing of the said space, and regulationsany and all sums paid for settlement of claims, present attorneys' fees, consultant and expert fees) arising during or futureafter the lease term and arising as a result of that contamination by the Tenant. This indemnification includes, ordinary without limitation, any and all costs incurred because of any investigation of the Premises, and/or any cleanup, removal or extraordinary, foreseen restoration required by applicable Laws or unforeseen) of mandated by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")agency or entity. Without limitation of the foregoing, if the Tenant causes or permits the presence of any hazardous substance(s) on the Premises and (ii) such results in such a manner as shall keep contamination of the premisesPremises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall promptly, at the Tenant's sole expense, take any and all necessary steps actions to ensure that any Environmental Activity undertaken or permitted at return the premises is undertaken in a manner as Premises to provide prudent safeguards against potential risks the condition existing prior to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to time, at Tenant's expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews of the premises as Landlord, in its sole discretion, shall deem necessary, appropriate or desirable and Tenant shall cooperate in the conduct presence of any such environmental audit, examination, test, inspection or reviewhazardous substance(s) on the Premises. If The Tenant shall breach first obtain the covenants provided in this Article, then, in addition to any other rights and remedies which may be available to landlord pursuant to this Lease or otherwise at law, Landlord may require Tenant to take all actions, or to reimburse Landlord for the costs Owner's approval of any such remedial action. The Owner represents and all actions taken by Landlordwarrants to Tenant, as are necessaryto Owner’s actual knowledge, appropriate without duty of investigation or desirable to cure such breachfurther inquiry, that the Premises do not contain any hazardous substance in violation of applicable Laws. for purposes of this ArticleAs used herein, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in shall mean any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Idaho or the United States Government. The term "hazardous substance" includes, without limitation, any material, waste or substance that is (i) defined as a "hazardous substance" under the laws any law of the State of New York or any other Legal Requirements the materials described in clauses Idaho; (aii) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Lease.petroleum;

Hazardous Waste. Throughout Borrower has received no notification of any kind suggesting that the Property or any adjacent property is or may be contaminated with any hazardous waste or materials or is or may be required to be cleaned up in accordance with any applicable law or regulation; and Borrower further represents and warrants that, to the best of its knowledge as of the date hereof, there are no hazardous waste or materials located in, on or under the Property or any adjacent property, or incorporated in any Improvements, nor has the Property or any adjacent property ever been used as a landfill or a waste disposal site, or a manufacturing, handling, storage, distribution or disposal facility for hazardous waste or materials. As used herein, the term of this Lease“hazardous waste or materials” includes any substance or material defined in or designated as hazardous or toxic wastes, Tenant shall not undertake hazardous or permit any Environmental Activity (as such term is hereinafter defined) toxic material, a hazardous, toxic or radioactive substance, or other than (i) in compliance with all applicable laws and ordinances and all rulessimilar term, orders and regulations, present or future, ordinary or extraordinary, foreseen or unforeseen) of by any federal, state or local governmental authority (hereinafter collectively referred to as "Legal Requirements")statute, regulation or ordinance now or hereafter in effect. Borrower shall promptly comply with all statutes, regulations and ordinances, and (ii) with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials in, on or under the Property or any adjacent property, or incorporated in such a manner as shall keep the premises, the Building and the Land free from any lien imposed pursuant to any Legal Requirement in respect of such Environmental Activity. Tenant shall take all necessary steps to ensure that any Environmental Activity undertaken or permitted at the premises is undertaken in a manner as to provide prudent safeguards against potential risks to human health or the environment. Tenant shall notify Landlord within 24 hours of the release of any Hazardous Materials (as such term is hereinafter defined) from or at the premises which could form the basis of any claim, demand or action by any party. Landlord shall have the right, from time to timeImprovements, at Tenant's Borrower’s expense. In the event that Bank at any time has a reasonable belief that the Property is not free of all hazardous waste or materials or that Borrower has violated any applicable environmental law with respect to the Property, then immediately, upon request by Bank, Borrower shall obtain and furnish to Bank, at Borrower’s sole cost and expense, to conduct an environmental audit or such other examinations, tests, inspections and reviews inspection of the premises Property from an expert satisfactory to Bank. In the event that Borrower fails to immediately obtain such audit or inspection, Bank or its agents may perform or obtain such audit or inspection at Borrower’s sole cost and expense. Bank may, but is not obligated to, enter upon the Property and take such actions and incur such costs and expenses to effect such compliance as Landlordit deems advisable to protect its interest in the Property; and whether or not Borrower has actual knowledge of the existence of hazardous waste or materials on the Property or any adjacent property as of the date hereof, Borrower shall reimburse Bank as provided in Section 23 below for the full amount of all costs and expenses incurred by Bank prior to Bank acquiring title to the Property through foreclosure or acceptance of a deed in lieu of foreclosure, in its sole discretion, connection with such compliance activities. Neither this provision nor any of the other Loan Documents shall deem necessary, appropriate or desirable and Tenant shall cooperate operate to put Bank in the conduct position of any such environmental audit, examination, test, inspection or review. If Tenant shall breach an owner of the covenants provided in this Article, then, in addition Property prior to any acquisition of the Property by Bank. The rights granted to Bank herein and in the other rights Loan Documents are granted solely for the protection of Bank’s lien and remedies which may be available security interest covering the Property, and do not grant to landlord pursuant Bank the right to this Lease or otherwise at law, Landlord may require Tenant to take all control Borrower’s actions, decisions or to reimburse Landlord for the costs of any and all actions taken by Landlord, as are necessary, appropriate policies regarding hazardous waste or desirable to cure such breach. for purposes of this Article, the term "Environmental Activity" means any use, storage, installation, existence, release, threatened release, discharge, generation, abatement, removal, disposal, handling or transportation from, under, into or on the leased premises of (a) any "hazardous substance" as defined in any federal statute, (b) petroleum, crude oil or any fraction thereof, natural gas or synthetic gas used for fuel, and (c) any additional substances or materials which at such time are classified or considered to be hazardous or toxic under the laws of the State of New York or any other Legal Requirements the materials described in clauses (a) through (c) being collectively referred to as "Hazardous Materials". The provisions of subparagraph (j) of Article 6 of this Lease shall be applicable to any failure by Tenant to comply with or keep or perform the provisions of this Article. The obligations of Tenant under this Article shall survive the expiration or sooner termination of the term of this Leasematerials.